Holland & Knight LLP has provided us with the following information.
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The U.S. Coast Guard issued revised guidance for development and review of oil spill response plans for nontank vessels. The requirement for such plans for nontank vessels operating in U.S. waters was enacted in 2004. Because the regulations have yet to be promulgated, the Coast Guard issued guidance on how ship owners and operators should develop and implement this plans. The guidance has been amended by Change 1 (https://www.uscg.mil/hq/g-m/nvic/NVIC%2001-05,%20CH-1.pdf) . A nontank vessel, for purposes of this requirement, is a self-propelled vessel of 400 gross tons (as measured under the International Tonnage Convention) or greater, other than a tank vessel, that carries oil of any kind as fuel for main propulsion and that operates on the navigable waters of the United States. As discussed in the accompanying Federal Register Notice, the requirement for preparation and submittal of these response plans became effective on August 8, 2005. While active enforcement of the requirement awaits promulgation of the regulations, the period of informed compliance has already commenced. 71 Fed. Reg. 9367 (https://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2006/pdf/E6-2546.pdf)
(February 23, 2006).
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