Greetings from Bridging Solutions!

FHWA Encouraging Innovation

This installment of "A Bridge Moment" provides a summary of some revisions made by the FHWA to its regulations by rescinding 23 CFR 635.411 (commonly known as the “proprietary products rule”), with the intent to encourage innovation in transportation technology. The rule changes that took effect on October 28, 2019 rescinded the 103-year-old requirement that limited the use of Federal funds for patented or proprietary materials, specifications or processes. The following is a blurb from the FHWA website related to these rule changes:

Federal participation will no longer be restricted when:

• State DOTs specify a proprietary product in Federal-aid contracts.
• State DOTs reference single trade name materials in specifications and on plans.
• State DOTs specify proprietary products on their Approved Product List or Qualified Product List.
• State DOTs use AASHTO or ASTM specifications where only one manufacturer can meet the requirements.
• State DOTs specify proprietary products in design-build Request-for-Proposal documents.

Hopefully these rule changes will provide incentives for bridge product and material suppliers to invest in research and development of innovative bridge products that will provide more tools for practicing bridge engineers like us. See the photo below of the new proprietary FRP tub girder bridge beams being designed and supplied by AIT Bridges.