US Codex
Bill
Notes

Clean Ports Act of 2013

S. 1435 · 113th Congress · Aug 1, 2013 · Lineage

A BILL

To amend title 49, United States Code, to provide certain port authorities, and for other purposes.

1. Short title

This Act may be cited as the “Clean Ports Act of 2013”.

2. Applicability to port facilities

Section 14501(c) of title 49, United States Code, is amended—
(1)
in paragraph (2)(A)—
(A)
by striking “restrict the safety regulatory authority” and inserting “restrict—

“(i) the safety regulatory authority”

(B)
by striking “vehicles, the authority” and inserting “vehicles;

“(ii) the authority”

(C)
by striking “cargo, or the authority” and inserting “cargo;

“(iii) the authority”

(D)
in clause (iii) (as designated by subparagraph (C)), by inserting “or” after “self-insurance authorization; ”; and
(E)
by adding at the end the following:

“(iv) the authority of a State, political subdivision of a State, or political authority of 2 or more States to adopt requirements for motor carriers and commercial motor vehicles providing services at port facilities that are reasonably related to the reduction of environmental pollution, traffic congestion, the improvement of highway safety, or the efficient use of port facilities, if adoption or enforcement of the requirements does not conflict with any other applicable Federal law (including regulations);”

(2)
by adding at the end the following:

“(6) Port facilities

“(A) Definition of port facilities—In paragraph (2)(A), the term port facilities means all port facilities for coastwise, intercoastal, inland waterways, and Great Lakes shipping and overseas shipping, including wharves, piers, sheds, warehouses, terminals, yards, docks, control towers, container equipment, maintenance buildings, container freight stations, and port equipment, including harbor craft, cranes, and straddle carriers.

“(B) Applicability of Clean Air Act—Nothing in paragraph (1) limits the rights reserved to any State or political subdivision of a State under the Clean Air Act (42 U.S.C. 7401 et seq.).”