Federal Highway Administration poised to amend “no proprietary product” rule

The Federal Highway Administration says it will amend or repeal a century-old regulation that impeded innovation on U.S. roads, according to the American Road & Transportation Builders Association.

ARTBA filed a petition in March asking for relief from 23 CFR 635.411, a federal regulation that prohibited state and local governments from using patented or proprietary products on federally funded bridge and road projects unless the products qualified for limited exceptions.