The American Road & Transportation Builders Association (ARTBA) recently sent a petition to the U.S. Department of Transportation (USDOT) seeking the repeal of a 102-year-old federal procurement rule.
The rule was issued in 1916 by the U.S. Department of Agriculture that then controlled the nation’s highways. It prohibits local and state governments from using proprietary or patented products on bridge and highway projects that receive federal funding unless those products qualify for limited exceptions. ARTBA said the rule blocks products that could improve safety and road quality and that most new technologies incorporate intellectual property.
“This regulation is a relic of antiquated early 20th century thinking,” ARTBA President Pete Ruane said. “It is out of step with the Federal Highway Administration’s support for the development and procurement of the best products on the market. Repealing it would spur the use of new technology and materials that help save lives and upgrade the quality of our highways and bridges.”
The rule was never subject to the Administrative Procedures Act’s rigorous public notice and comment requirements nor was it directed by the 1916 Federal-Aid Road Act, ARTBA said.
ARTBA aims to replace the rule with one that promotes innovation in the transportation infrastructure market.