§ 80.30 - Promotional literature or advertising.

§ 80.30 Promotional literature or advertising.

(a) Except as provided in paragraph (f) of this section, all promotional literature or advertising in or over any medium of communication within the United States that offers passage or solicits passengers for ocean voyages anywhere in the world must contain the safety information statement prescribed in paragraph (b) of this section if -

(1) A vessel is named; or

(2) A voyage is described by -

(i) A stated port or area of departure;

(ii) A stated port or area of destination; or

(iii) A schedule of days of departure or arrival.

(b) The safety information statement required in paragraph (a) of this section must include -

(1) The name of the vessel;

(2) The country of registry; and

(3) One of the following statements, as appropriate:

(i) This vessel complies with international safety standards, except the 1966 fire safety standards.

(ii) This vessel complies with international safety standards developed prior to 1960. There is (or, is not) an automatic sprinkler fitted in the passenger living and public spaces. The hull, decks, deckhouses, structural bulkheads, and internal partitions are (or, are not) composed of combustible materials.

(iii) This vessel does not comply with any international safety standard. There is (or, is not) an automatic sprinkler fitted in the passenger living and public spaces. The hull, decks, deckhouses, structural bulkheads, and internal partitions are (or, are not) composed of combustible materials.

(c) The safety information statement prescribed in paragraph (b) of this section must be -

(1) Printed in a type no smaller than 6 points, American point system, that is the same size as any other textual matter of the promotional literature or advertising, including any headings;

(2) Headed “SAFETY INFORMATION” in the same size type that is used in the safety information statement; and

(3) Separated from other portions of the text by double spacing or box ruling.

(d) If the promotional literature or advertising lists two or more passenger vessels, the owner or operator shall clearly indicate the safety information prescribed in paragraph (b) of this section for each vessel, but unnecessary repetition is not required.

(e) Each brochure, pamphlet, schedule, and similar publication required in paragraph (a) of this section to contain safety information must -

(1) State the safety information prescribed in paragraph (b) of this section at least once for each vessel named; and

(2) Include a reference in the index of contents or the cover regarding the page number where the safety information for each vessel is located.

(f) The section does not apply to -

(1) An advertising sign that is towed, displayed, or written by aircraft;

(2) An advertisement in a trade publication that is directed to the professional counselors in the travel industry and not intended or used for general distribution to the public for solicitation of passage on a vessel; or

(3) An advertisement within a magazine, newspaper, periodical, or similar publication that is -

(i) Produced outside of the United States;

(ii) Not an American edition; and

(iii) Primarily distributed in the country in which it is produced.