In a letter dispatched to U.S. Secretary of Transportation Elaine Chao this week, the American Road and Transportation Builders Association, among others, advocated the abolition of a rule that has governed federal-aid highway funds since 1916.
The rule in question — the patented and proprietary products rule — was originally enacted to prevent federal-aid highway funds from being used on patented or proprietary materials, products or services, save in special circumstances. ARTBA argues, however, that the rule has not kept up with the times.
“There is simply no comparison between today’s pace of innovation and that of 1916,” the organization wrote, alongside the American Society of Civil Engineers, American Trucking Associations and the U.S. Chamber of Commerce. “The rule has clearly outlived its usefulness, and its repeal will help achieve President Trump’s related priorities of investment in infrastructure and new technologies. Repeal will also enable state transportation agencies to enhance safety and efficiency on their respective road and bridge networks without an unnecessary federal regulatory barrier.”
Those reference priorities mostly call back to references made during the president’s State of the Union address earlier this year. At that time, he had called for investments in “cutting-edge industries,” which the White House later emphasized alongside “visionary products,” though what these entail were kept vague.
Last month, the Federal Highways Administration took in comments from dozens of interested parties on the matter as well, under a notice of proposed rulemaking.