FHWA Puts Focus On The Way States Test Highway Projects

FHWA Proposal Could Change How States Test Highway Projects

The Federal Highway Administration (FHWA) is proposing a simpler process for states that want to test new ways of delivering, financing, or managing federally supported highway projects.

The proposal does not change any trucking rule, launch a new road project, or create a new requirement for commercial drivers. Instead, it would change how state transportation departments apply to use three federal experimental highway programs.

For truck drivers and motor carriers, the importance is mostly long term. These programs can be used to test new approaches tied to highway projects, financing, private investment, and certain federal highway requirements. Some of those experiments could eventually affect freight corridors, bridges, interchanges, and other roads heavily used by commercial trucks.

FHWA Wants One Process for Highway Projects

FHWA is seeking comments on a plan to create one standard application process for three programs: SEP-16, SEP-15, and TE-045.

Today, each program uses a different process.

SEP-16 currently uses a multi-step process that can include a letter of interest, concept paper, detailed proposal, and memorandum of understanding. SEP-15 follows a different process, while TE-045 can require only a proposal.

FHWA wants to replace those different systems with one two-step process.

The agency said the goal is to reduce the burden on states and make the review process more consistent and efficient.

States Would Start Highway Projects With a Short Letter

Under the proposal, a state DOT would first submit a Letter of Interest to its FHWA Division Office.

The letter would normally be no more than two pages. It would explain the proposed experiment, identify the federal highway rule, policy, or requirement being tested, and describe how the state plans to manage the project.

States would also need to explain the expected benefits. Those could include faster project delivery, lower costs, or other time savings.

Only state DOTs would be allowed to submit these proposals. However, states could work with local governments or other transportation organizations as project partners.

Accepted Highway Projects Would Move to a Work Plan

If FHWA accepts a state’s initial proposal, the state and the agency would develop a formal Work Plan.

That plan would set the rules for the experiment. It would include performance measures, evaluation standards, project duration, reporting requirements, and any needed transition back to normal procedures.

Reports would also document lessons learned and whether the experiment succeeded.

One important part of the process is that final reports could include recommendations for future statutory, regulatory, or policy changes.

That means a state-level experiment could eventually help shape broader federal highway policy.

What SEP-16, SEP-15, and TE-045 Allow

The three programs serve different purposes.

SEP-16 allows FHWA and states to test certain departures from normal Title 23 highway requirements. Any experiment must still support the purpose of the law or policy being tested. Requirements that are directly prohibited from being waived by law cannot be included in an experiment.

SEP-15 focuses more on project delivery. It can be used to test different approaches involving contracting, environmental processes within FHWA authority, right-of-way acquisition, project finance, and private investment.

TE-045 focuses on innovative financing methods. Its purpose is to test ideas that could increase transportation investment or reduce government costs.

Why Highway Projects Matter to Truck Drivers

There is no immediate change for commercial drivers.

The proposal does not affect CDL rules, hours of service, inspections, vehicle standards, weight limits, or roadside enforcement.

The possible effect is farther down the road.

If states can move experimental highway projects through FHWA more easily, they may have a simpler path to test new methods for delivering or financing transportation improvements. Some of those future projects could involve roads and bridges that carry large amounts of truck traffic.

For drivers, that could matter if an experiment affects a major freight corridor, congested interchange, aging bridge, or another part of the highway system that regularly slows commercial traffic.

The proposal itself does not identify any specific freight project, truck parking site, bridge replacement, or highway expansion.

Motor Carriers May Watch Highway Project Financing

The proposal may also draw attention from motor carriers, large fleets, trucking associations, and other businesses that closely follow transportation funding.

SEP-15 can involve project finance and private investment. TE-045 is also built around testing new financing concepts.

Those programs could influence how some future highway projects are funded.

However, the current FHWA notice does not create tolls, fees, or new charges for trucks. It only proposes a different process for states seeking approval to conduct experiments.

Highway Projects Could Influence Future Federal Policy

The larger issue may be what happens after an experiment ends.

FHWA would require states to measure results and report what they learned. Those reports could recommend changes to federal laws, regulations, or policies when an experiment shows that a different approach worked better.

That makes these programs more than simple test projects.

A successful experiment could become part of the evidence used to support broader changes in how federal highway programs operate.

For trucking, that could matter over time because federal highway policy shapes the roads, bridges, freight routes, and other infrastructure that commercial trucks use every day.

FHWA Is Seeking Public Comments

The notice is scheduled for publication in the Federal Register on September 24, 2026.

FHWA is requesting public comments on the proposed uniform application process. The pre-publication version says comments will be due 30 days after publication, although the final calendar date had not yet been inserted into the notice.

For truck drivers, there is no immediate operational change to prepare for.

The main significance is that FHWA is considering a simpler path for states to test new highway projects and project methods. Those experiments could later affect how transportation improvements are planned, financed, and delivered across the federal highway system.