CDC Indicates US Cruises Could Restart In July

By Nathan Hale
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Law360 (April 29, 2021, 7:37 PM EDT) -- The U.S. Centers for Disease Control and Prevention said Thursday cruise lines may be able to resume sailing in U.S. waters by mid-July if they provide certain guarantees about vaccination rates among passengers and crew members.

In a series of "clarifications" it first distributed to the industry Wednesday night, the CDC said ships may skip a requirement for simulated voyages in its operative Conditional Sailing Order, or CSO, if they can attest to having at least 98% of crew and 95% of passengers fully vaccinated against the novel coronavirus. The announcement comes as criticism was mounting over the pace with which the national public health agency was moving toward a resumption of cruising, including in the form of a lawsuit from the state of Florida.

"CDC remains committed to the resumption of passenger operations in the United States following the requirements in the CSO by midsummer, which aligns with the goals announced by many major cruise lines and travelers," the CDC said through a spokeswoman.

The agency said the clarifications arose from twice-weekly meetings its senior leadership has been holding with cruise line representatives to discuss the framework of the CSO and the fastest means of resuming sailing without compromising safety.

The CDC also announced that it will update its testing and quarantine requirements for passengers and crew to make sure they are closely aligned with its general guidance for vaccinated people.

Cruise ship operators will be allowed to enter into multiport agreements if a nearby port is able to supplement medical capabilities or housing capacity that may be limited at certain ports. The CDC said it also clarified its guidance on ventilation systems and the ability for local passengers to quarantine at home if they are within driving distance of the port.

Additionally, the CDC pledged to cut the waiting period for response to any applications for simulated voyages from an expected 60 days to five days.

A spokesperson for Royal Caribbean Cruise Line expressed a sense of optimism over the new developments.

"Last night, the CDC notified us of some clarifications and amplifications of their Conditional Sail[ing] Order, which addressed uncertainties and concerns we had raised," the spokesperson said in an email. "They have dealt with many of these items in a constructive manner that takes into account recent advances in vaccines and medical science. Although this is only part of a very complex process, it encourages us that we now see a pathway to a healthy and achievable return to service."

The mayor of Miami-Dade County, home to the nation's leading cruise port, also thanked the CDC for its responsiveness.

"My focus has been to empower our economic engines in Miami-Dade and give our residents a safe path to return to work. I'm grateful to the CDC for engaging in ongoing dialogue with the port and our local cruise partners about a path to safe reopening of the cruise industry, and excited by this latest update resulting from those conversations and recommendations," Mayor Daniella Levine Cava said in a statement.

Representatives for other major cruise lines did not immediately respond to request for comment Thursday, but some, including Norwegian Cruise Line, have already announced plans to require full vaccination for crew and passengers.

Pressure had been mounting on the CDC to update its reopening plans, which are currently based on the CSO issued Oct. 30, before vaccines had been made available.

While several cruise lines expressed a willingness to work with the CDC, Florida Gov. Ron DeSantis and state Attorney General Ashley Moody announced April 8 that the state was suing the federal government to overturn the yearlong ban on cruises due to the COVID-19 pandemic, saying it was unjustifiable and threatened irreparable harm to the industry, the state's economy and thousands of workers.

The state asked a Tampa federal court last week for a preliminary injunction to immediately block enforcement of the restrictions, and the suit also drew support from the state of Alaska.

The Florida governor's office did not immediately respond Thursday to a request for comment on the CDC's new guidelines and what impact it will have on the lawsuit.

--Editing by Stephen Berg.

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