Proprietary Products Regulation: FHWA Rescission and MaineDOT Implementation

March 19, 2020 1:00 pm

John Huyer, P.E., Contract Administration Engineer, FHWA Office of Infrastructure; and Dale Peabody, P.E., Director of Research and Innovation, Maine Department of Transportation

Webinar Documents:
Proprietary Products Regulation: FHWA Rescission and MaineDOT Implementation - pdf of presentation

Q&A Session – pdf
Reference for Questions 4 & 8: Poll Question - Does your agency specify proprietary products for highway construction?

Responses from local and state governmental agencies:

Responses from State Departments of Transportation only:

News - March 19, 2020 - pdf of presentation

Description: On September 27, 2019, the Federal Highway Administration (FHWA) published a Final Rule in the Federal Register rescinding its patented and proprietary product regulations at 23 CFR 635.411(a)-(e). Originally based on a 1916 federal requirement, these regulations have been rescinded to encourage innovation in the development of highway transportation technology and methods. Effective October 28, 2019, the Final Rule eliminates the requirements limiting the use of federal funds in paying for patented or proprietary materials, specifications, or processes. Certifications, Public Interest Findings, and Experimental Product Work Plans are no longer required for the use of proprietary products. With the elimination of the FHWA regulations, State DOTs will follow their own procurement policies, and local agencies will follow State DOT-approved procedures. This presentation discusses FHWA’s decision to rescind its proprietary product regulations and MaineDOT’s incorporation of proprietary products in projects after the rescission, including an example of a new bridge girder technology to be constructed in 2020.

Presentation Photos/Graphics:

1) ARTBA Petition (Source: FHWA) [https://www.artba.org/wp-content/uploads/2014/03/ARTBA-Petition-for-Repeal.FINAL-1.pdf]

2) Proprietary Products Final Rule (Source: U.S. Government Publishing Office) [https://www.fhwa.dot.gov/construction/cqit/propriet.cfm]

3) AASHTO Product Evaluation List (APEL) screenshot (Source: MaineDOT) [https://apel.transportation.org/CertifiedProduct/index]

4) 40-ft Composite Tub Girder in 3D printed mold (Source: UMaine Advanced Structures & Composite Center)

5) 40-ft Composite Tub Girder with shear connectors and end diaphragm formwork (Source: UMaine Advanced Structures & Composite Center)

6) 40-ft Composite Tub Girder with concrete deck, ready for load testing (Source: UMaine Advanced Structures & Composite Center)

7) Test setup for shear connector (Source: UMaine Advanced Structures & Composite Center)