Competitive Enterprise Institute
FHWANonrulemakingFHWA-2018-0036

Construction and Maintenance - Use of Patented and Proprietary Products

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Last modified
Sep 27, 2019
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closed 2752d ago
Competitive Enterprise Institute filings
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Competitive Enterprise Institute filed 1 comment on this docket between Jan 14, 2019 and Jan 14, 2019. 18 other organizations filed here. The comment window closed 2752d ago.

What Competitive Enterprise Institute filed (1)

Jan 14, 2019· Comment from Competitive Enterprise Institute· FHWA-2018-0036-0076

Filed on regulations.gov — full text not in the inline record.

Abstract

The FHWA regulations concerning the use of patented and proprietary products are contained in 23 CFR 635.411. In recent years, State Transportation Agencies (STAs), the industry, and Congress have expressed concerns regarding FHWA’s implementation of this regulation. Specifically, the regulation has been viewed as prohibiting the specification of innovative materials or products on Federal-aid projects simply because the products were patented or proprietary. This proposed rulemaking would revise title 23 of the Code of Federal Regulations (CFR) parts 630 and 635 (23 CFR parts 630 and 635).

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