U.S. Court Rules for CDC in DeSantis Cruise Lawsuit

The U.S. Court of Appeals has voted to stay a judge’s decision ruling that the U.S. Centers for Disease Control and Prevention (CDC) cannot enforce the Conditional Sail Order after July 18.

In short, it’s a win for the CDC and a loss for Florida Governor Ron DeSantis, who nearly prevailed in his lawsuit against the CDC’s treatment of the cruise industry in Florida. 

In June, DeSantis had appeared to have won his legal battle, at the time saying that "The CDC has been wrong all along, and they knew it. The CDC and the Biden Administration concocted a plan to sink the cruise industry, hiding behind bureaucratic delay and lawsuits. Today, we are securing this victory for Florida families, for the cruise industry, and for every state that wants to preserve its rights in the face of unprecedented federal overreach.”

The CDC appealed the decision, leading to the July 17 ruling. 

For now, the CDC’s Conditional Sail Order regulating the cruise industry and making it challenging to operate will remain in place.

The one-paragraph decision from a three-judge panel was reportedly issued late Saturday night, minutes before a July 18 deadline.

Here Are Royal Caribbean's New Protocols for July Cruises Aboard the Freedom of the Seas

Royal Caribbean International has confirmed its health and safety protocols for the Freedom of the Seas and its July sailings from Miami.

The company said it strongly recommends that all guests 16 and older be fully vaccinated and that at check-in, guests will be asked to provide documentation of their vaccination, such as the U.S. Centers for Disease Control and Prevention’s (CDC) COVID-19 Vaccination Record Card.

Those who are 16 and older and do not have or are unable to provide documentation will be considered unvaccinated.

Unvaccinated guests must undergo additional COVID-19 testing per the following:

• As a requirement to sail with Royal Caribbean, all unvaccinated guests must undergo multiple COVID-19 tests. Testing at the terminal prior to embarkation and onboard prior to disembarkation will be conducted by licensed and accredited third-party testing providers that the company have contracted.
• Unvaccinated guests must register for this testing and agree to the third-party testing provider terms and conditions. Registration details will be sent via email in advance.
• The total charge from the third-party testing vendor for these tests is $136. This amount will be applied to the guest’s onboard expense account. Royal Caribbean will pay the testing vendor(s) on the guest’s behalf and will not retain any part of the testing costs. For children not yet eligible to be vaccinated, the company will cover the cost of any required testing.

The testing requirements for unvaccinated guests:

Pre-Cruise

Unvaccinated guests 16 years of age and older will need to undergo an RT-PCR test administered by an accredited laboratory of the guest’s choice, and taken within three days of sailing. Royal Caribbean said it will require documentation of a negative result for this test prior to embarkation. All costs for this test are the unvaccinated guest’s responsibility.

At the Terminal

Unvaccinated guests 2 years of age and older are required to take an RT-PCR test when checking in at the terminal, which will be administered by testing vendors. Registration details will be sent via email in advance.

Prior to Disembarking

While onboard, unvaccinated guests 2 years of age and older will be required to undergo antigen testing within 24 hours of disembarking at the end of the voyage. This test will be conducted the day before the cruise ends by one of the company's testing vendors. Guests will be notified on board about how to register for this test.

The Cruise Experience

• Royal Caribbean said that vaccinated and unvaccinated guests are required to wear masks indoors unless seated and actively eating or drinking.
• Masks are not required in a guest's stateroom when they are with their travelling party, outdoors, or at Perfect Day at CocoCay, unless in a crowded setting. Guests under the age of 2 do not need to wear a mask.
• Masks won’t be required for vaccinated guests when in venues (bars, lounges, restaurants and entertainment) or at events designated for vaccinated guests only.
• In the coming days, the company said it is expecting updated guidance from the CDC on mask policies for vaccinated guests and may revise these protocols.
• Venues will be set up with proper spacing and Royal Caribbean said it would ask guests to abide by physical distancing, especially when interacting with those outside of their travelling party.
• SeaPass cards will be required to access lounges, shows and dining venues.
• All dining venues will offer spaced seating. The company said it is "strongly encouraging" guests to make dining reservations via Cruise Planner before the cruise or the Royal Caribbean app onboard.
• In the Main Dining Room, the company said it will designate areas for vaccinated and unvaccinated reservations to dine separately.
• My Time Dining will not be available to unvaccinated guests. In addition, while Windjammer will be open, the food will be served by the ship's crew
• Venues will offer spaced seating and more showtimes throughout the sailing. Select showtimes will be for vaccinated guests and others for vaccinated and unvaccinated guests. More information will be provided onboard.
• All guests are subject to restrictions and requirements as defined by local authorities in the ports the ship visits. "It is reasonable to expect that unvaccinated guests will be subject to stricter protocols than vaccinated guests," the company said.

 

Florida Wins Court Case Against CDC to Lift Conditional Sail Order

Celebrity Edge entering Fort Lauderdale for the first time.

The State of Florida has prevailed in its injunction against the U.S. Centers for Disease Control and Prevention to lift the Conditional Sail Order (CSO) that has been restricting the cruise industry since October 2020.

A court essentially ruled in favour of Florida that the CSO exceeds the CDC's "statutory and regulatory authority."

Florida’s motion for a preliminary injunction is now granted and the CDC is now preliminarily enjoined from enforcing the CSO against a cruise ship arriving in, within, or departing from a port in Florida. The injunction stays until July 18, at which time the CSO will only stay as a non-binding consideration, recommendation or guideline.

The court also noted the CDC may propose a “narrower injunction” no later than July 2. Both parties are also being ordered back to the mediation table.

The case was brought forward by Governor Ron DeSantis earlier this year with Florida Attorney General Ashley Moody.

"Today’s ruling is a victory for Floridians whose livelihoods depend on the cruise industry," said Moody in a statement. "The federal government does not have the authority to single out and lockdown an entire industry indefinitely."

CDC Releases Instructions for Trial Voyages in Path to Service Resumption

The U.S. Centers for Disease Control and Prevention (CDC) has released the next two phases of the Framework for Conditional Sailing Order (CSO) for cruise ships operating or seeking to operate in U.S. waters.

The CDC has published technical instructions for cruise ship operators preparing to conduct simulated voyages in advance of restricted passenger voyages under a COVID-19 Conditional Sailing Certificate.

"CDC expects to quickly approve applications that are both complete and accurate," the agency said. 

The guidelines are complex, and there is one key workaround: if 98 per cent of crew are fully vaccinated and 95 per cent of passengers are vaccinated, a cruise operator does not need to conduct simulated sailings. 

The CDC said a cruise line operator should notify them and request approval to conduct a simulated voyage at least 30 calendar days prior to the date on which the cruise ship operator proposes to conduct the simulation but also noted it will respond to submissions within five business days.

With the issuance of these next two phases, cruise ship operators now have all the necessary requirements and recommendations they need to start simulated voyages before resuming restricted passenger voyages and apply for a COVID-19 conditional sailing certificate to begin sailing with restricted passenger voyages, according to a statement from the CDC.

Cruise lines will need to submit information to the CDC such as the dates and location of the voyage, as well as documentation that the cruise line has a written agreement (or a multi-port agreement) with all U.S. port and local health authorities where the cruise ship intends to dock or make port during a simulated voyage. 

 

Cruise Shares Rise as CDC Outlines Quicker Path to Sailing’s Return

Port of Miami.

Cruise shares advanced after the U.S. Centers for Disease Control and Prevention outlined a new path to the resumption of voyages.

According to the new guidance in a letter to companies on Wednesday, ships can return to U.S. waters with paying customers if 95% of guests and 98% of the crew are vaccinated, bypassing a previous requirement for starting with trial voyages, according to a summary provided by a person with knowledge of the matter, who asked not to be named discussing private communications. The letter was previously reported by USA Today.

Royal Caribbean Cruises Ltd. rose as much as 5.7% to $92.45 in New York trading. Carnival Corp., the industry market-share leader, rose as much as 4.8%, and Norwegian Cruise Line Holdings Ltd. advanced as much as 7.1%.

On Thursday, Royal Caribbean alluded to the letter in its quarterly business update, saying the message had addressed some of the company’s “uncertainties and concerns.” Royal Caribbean said it now sees a pathway to sailing from the U.S. again during the Alaska cruise season, which runs from roughly May to September.

The CDC didn’t immediately respond to a request for comment.

The U.S. cruise industry has been essentially banned from operating via U.S. ports since the beginning of the Covid-19 pandemic in March 2020. The companies have recently ramped up lobbying efforts to win approval for a return, arguing in part that the industry was unfairly singled out for the strictest treatment even as other tourism businesses have returned in some fashion.

CDC Checklist

Technically, the CDC lifted its hard ban on cruising in October, but it replaced it with a checklist for restarting cruises that no operator has yet managed to complete. The industry had previously criticized the conditional sailing order as overly burdensome and out of touch with the new reality since the arrival of Covid inoculations. Florida, where the major cruise companies are headquartered, even sued the federal government to hasten the return of the industry.

But Royal Caribbean said the recent discussions with the CDC have turned more productive.

“They have dealt with many of these items in a constructive manner that takes into account recent advances in vaccines and medical science,” Royal Caribbean said Thursday in its first-quarter business update.

The company reported revenue totalling $42 million, which was slightly better than expected by analysts tracked by Bloomberg.

It said it has started to spend slightly more cash to cover expenses related to restarting the fleet. Royal Caribbean also noted that cumulative advanced bookings for the first half of 2022 are “within historical ranges and at higher prices” to its 2019 pre-pandemic baseline.

Royal Caribbean: U.S. Cruise Service Start By July Realistic

“We believe we are now seeing a clear way forward to safe cruising in the near future,” said Richard Fain, chairman and CEO of the Royal Caribbean Group, on Thursday's business update call.

Citing the letter that the U.S. Centers for Disease Control and Prevention (CDC) released last night, modifying its requirements for the industry’s return to service, Fain said it represented a significant improvement in their dialogue with the CDC.

Added Michael Bayley, CEO and president of the Royal Caribbean International brand: “With what (CDC letter) we received last night July looks very realistic (for restarting cruises in North America).”

As for the Alaska season, Fain noted there are uncertainties and that service resumption may require a waiver from the Passenger Vessels Service Act as long as Canada will not allow ship calls. Alternatively, Canada could allow technical calls.

“Given the momentum, there is the reason for optimism,” he added.

“We have had a very constructive dialogue with the CDC and other government agencies over the past few weeks,” Fain continued. “Many elements of the CSO (Conditional Sail Order) were unrealistic. The letter was very encouraging with multiple corrections to the existing CSO, elements that were very challenging. Certainly, vaccinations were a major element of change.”

Fain also pointed out that the company’s brands in Asia and Europe have carried some 125,000 passengers since the shutdown with only 21 COVID-19 cases and that has been without the benefit of vaccinations.

“With cruise ships, we can control the environment and we have already demonstrated that we can do that," Fain said. 

There are still some uncertainties, however, and Bayley noted that he hopes to see further clarifications in the next few days and weeks.

According to the CDC, ships can reportedly bypass the simulated test voyages it had required before and move to sailings with paying passengers if 98 per cent of the crew and 95 per cent of passengers are fully vaccinated. It will also respond to applications for simulated voyages within five days rather than 60 days as previously suggested.

Commented Bayley: “As soon as we have port plans lined up, we can now apply to the CDC for permission to sail. The process has improved considerably."

The CDC also stated it will update its testing and quarantine requirements to align with its guidance for fully vaccinated people.

The CDC letter comes as pressure has been mounting on the agency through public opinion, legislative initiatives and lawsuits.

CDC Drops No Sail Order For Framework For Conditional Sailing Order

Centres for Disease Control and Prevention (CDC)

The U.S. Centers for Disease Control and Prevention (CDC) has dropped its controversial "No Sail" order in favour of a so-called Conditional Sailing Order.

In short, the "No Sail" order has been lifted and the industry will work with the CDC on a realistic, phased-in return to service.

"The initial phases will consist of testing and additional safeguards for crew members," the CDC said in a statement posted to its website.

"CDC will ensure cruise ship operators have adequate health and safety protections for the crew while these cruise ship operators build the laboratory capacity needed to test future passengers. Subsequent phases will include simulated voyages to test cruise ship operators’ ability to mitigate COVID-19 risk, certification for ships that meet specific requirements, and a phased return to cruise ship passenger voyages in a manner that mitigates COVID-19 risk among passengers, crew members, and U.S. communities.

"These phases are subject to change based on public health considerations and cruise ship operators’ demonstrated ability to mitigate COVID19 risk. CDC will issue additional orders as needed that will be published in the Federal Register and technical instructions that will be subsequently posted on CDC’s website."

The framework allows for individual cruise lines to progress through phases at variable paces, according to the agency, and enables cruise lines successfully implementing public health measures to return to passenger operations more quickly while others by necessity may move more slowly.

The framework not only encourages cruise lines that are more successful at mitigating the spread of COVID-19 but provides a realistic timeline that anticipates COVID-19 continuing to be present and affecting cruise ship travel, the CDC said.

The phased-in approach will include (1) establishment of laboratory testing of the crew onboard cruise ships in U.S. waters; (2) 15 simulated voyages designed to test a cruise ship operators’ ability to mitigate COVID-19 on cruise ships; (3) a certification process; and (4) a return to passenger voyages in a manner that mitigates the risk of COVID-19 introduction, transmission, or spread among passengers and crew onboard ships and ashore to communities.

These phases will be further determined based on public health considerations including the trajectory of COVID-19 transmission and the demonstrated ability of cruise ship operators to successfully employ measures that mitigate the risk of COVID-19.

As part of the initial crew testing phases, the additionally contains requirements for (1) shoreside COVID-19 laboratory screening testing of all crew currently onboard; (2) onboard diagnostic testing capabilities for symptomatic travellers (crew and future passengers); (3) shoreside COVID-19 laboratory screening testing of all newly embarking crew; and (4) continued compliance by cruise ship operators with their complete, accurate, and acknowledged No Sail Order Response Plans.