Concrete Products

OCT 2018

Concrete Products covers the issues that attract producers of ready mixed and manufactured concrete focusing on equipment and material technology, market development and management topics.

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10 • October 2018 www.concreteproducts.com A 1916 rule enacted by President Wood- row Wilson's administration is curbing 21st century transportation innovations that could improve safety and quality on the nation's major roadways, the American Road & Transportation Builders Association (ARTBA) notes in recent testimony submit- ted to the U.S. House Highways & Transit Subcommittee. At issue is 23 CFR 635.411, a 102-year old federal regulation that prohibits state and local governments from using pat- ented or proprietary products on highway and bridge projects that receive federal funding unless those products qualify for limited exceptions. Over the objections of the American Road Builders Association, as ARTBA was then known, and the American GOVERNMENT AFFAIRS AGENCIES Road Builders implore DOT to sunset proprietary-product rule Association of State Highway Officials, the rule was adopted by the U.S. Department of Agriculture, which managed the emerging fed- eral-aid highway program. In its testimony, ARTBA told the subcommittee that since many new technologies—particularly those marking a significant advance in quality, performance, or durability—incorporate intellectual prop- erty protected by patents or proprietary processes, 23 CFR 635.411 inevitably impedes the development and deployment of those same innovations that various Congressional and U.S. Department of Transportation initiatives are intended to foster. "It is also important to point out that when states outright disallow a patented or proprietary product, they may be preventing a transformative solution to a serious problem from taking place in a timely manner," ARTBA contends. "For example, every great paradigm shift in the bridge world originated from a pat- ented idea or intellectual property, generally marketed as a proprietary product. "The goal of federal highway policy should be to deliver the safest, most efficient, and fis- cally responsible highway and bridge network possible. Achieving that goal must include a thoughtful assessment of technological and other advances to ensure infrastructure devel- opment strategies are in fact delivering the best possible outcome as opposed to the widest achievable outcome. The practical effect of the existing proprietary and patented products rule, however, impedes that process and can potentially deny the travelling public a better service." The association notes how other federal agencies, the Department of Defense among them, have set up procurement systems that allow for the appropriate use of sole source contracts for patented or proprietary prod- ucts to accomplish their missions. "The goal of federal transportation policy should be to promote innovation and enable ideas and prod- ucts aimed at building a better transportation network as efficiently as possible—not to pro- tect the status quo," ARTBA observes. "While U.S. DOT is to be commended for moving in the right direction in a number of areas, the proprietary products rule is an antiquated regulation that has no place in today's mar- ketplace of ideas and needs to be corrected as soon as possible." The House Subcommittee testimony was a follow up on a March 2018 petition in which ARTBA formally requested the U.S. DOT to repeal 23 CFR 635.411. An agency response is pending. Conventional sweep elbow blowouts cause ongoing system shutdowns. 45° and 90° elbows available in diameters from 1.25 to 18 inch, with flanges and socket-weld ends in tube, Schedule 10/40 and Schedule 80 pipe, in cast iron, carbon steel, aluminum, stainless steel and specialized alloys depending on diameter. ABRASIVE CONCRETE MATERIALS BLOWING OUT YOUR PNEUMATIC CONVEYING ELBOWS? Prevent elbow failure by preventing material impact Unlike conventional "impact" elbows and "plugged-tee" elbows that rely on material impact to change direction, HammerTek's Smart Elbow design features a spherical chamber that protrudes partially beyond the desired 90º or 45º pathway. This causes a ball of material suspended in air to rotate— in the same direction as the air stream that powers it—gently deflecting incoming material around the bend without hitting the elbow wall. ® Ask for a Free, No-Risk Trial Offer 1-610-814-2273 sales@HammerTek.com www.HammerTek.com Prevent elbow wear, blow-outs, recurring maintenance and shutdowns once and for all with Smart Elbow ® deflection elbows from HammerTek ® Lime, clay, sand, alumina, iron oxide, fly ash, granite, cement, shale, slag, clinker, cinders, aggregates and other abrasives wear through conventional sweep elbows because material must hit the elbow wall at high speed to change direction. Instead, the Smart Elbow design gently deflects material around the bend without impacting the elbow wall, providing concrete producers with three important benefits: Virtually no elbow wear, blowouts, replacement costs or related downtime Virtually no material degradation, reducing dust generation Reduced space requirements—about 40% shorter than sweep elbows 1 2 3 Smart Elbow deflection elbows at concrete plants still going strong after 15 years. EE-1024

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