By Nathan Hale

Law360 (September 21, 2020, 8:46 PM EDT) -- Frequent temperature checks, face mask requirements, and limited itineraries and activities may be features of cruise ship travel when U.S. trips resume during the COVID-19 pandemic, based on a list of recommendations released Monday from a panel convened by Norwegian Cruise Line and Royal Caribbean.

The cruise lines' joint Healthy Sail Panel's report came up with 74 proposed practices, which were submitted to the U.S. Centers for Disease Control and Prevention in response to the agency's request for public comments as federal regulators formulate rules for the cruise industry's "new normal."

The panel, chaired by Mike Leavitt, former Utah governor and former U.S. secretary of health and human services, and Dr. Scott Gottlieb, former commissioner of the U.S. Food and Drug Administration, acknowledged in its report that the risk from COVID-19 can never be fully eliminated, but suggested that aggressive steps can substantially prevent it from getting onto ships and developing into major outbreaks if it does.

"Taken as a comprehensive approach, we believe the panel's robust public health recommendations will help inform strategies for a safe resumption of sailing," Gottlieb said in a statement.

The Cruise Lines International Association also announced on Monday that its members — which include industry leaders Carnival Corp. & PLC, Royal Caribbean Group, Norwegian Cruise Line Holdings Ltd. and MSC Cruises — voted to adopt a set of "mandatory core elements" drawing from the Healthy Sail Panel and other members' efforts as part of a phased-in resumption of operations in the Caribbean, Mexico and Central America, which it said represents the world's largest cruise market.

Among other recommendations in the panel's 65-page report are increasing sanitization routines, reducing guest and crew populations, upgrading ships' ventilation systems with H13 HEPA air filters capable of catching COVID-19 particles, and upgrading onboard medical facilities and appointing a public health officer for each ship.

The panel also suggested that cruise itineraries should be as simple as possible, with lines using their privately owned destinations or limiting onshore excursions in the startup phase. The experts also said cruise lines must ensure they have agreements with local governments at ports of call to allow COVID-19-infected individuals to safely disembark and travel home.

Miami attorney Michael Winkleman of Lipcon Margulies Alsina & Winkleman PA, who specializes in maritime law and has represented passengers and crew members in lawsuits against the cruise lines stemming from the pandemic, said the "proposed increased protocols are a big step in the right direction."

"COVID is an existential threat to the cruise industry as a whole, so it's no surprise that the major cruise lines are working together to do all they can to make cruising a reality in this new COVID reality," Winkleman told Law360.

The CDC issued a "no sail order" for cruises in U.S. waters on March 14, and extended its expiration until Sept. 30. On top of that, CLIA members have voluntarily canceled sailings through Oct. 31, with individual operators canceling certain sailings further into the future.

Several cruise lines have faced litigation over their actions during the pandemic's early days, including class actions from passengers over multiple outbreaks on cruises before the CDC's sailing ban, from disgruntled investors, and from stranded crew members.

Norwegian and Royal Caribbean jointly formed the Healthy Sail Panel on July 21, bringing together experts in public health, infectious diseases and the hospitality industry to, in their own words, "achieve the appropriate balance between addressing business needs and operational realities, with the paramount goal of creating enhanced health and safety standards."

The panel formed work groups looking at four areas: health screening and exposure reduction; environmental, operations and engineering controls; response, contingency planning and execution; and destination and itinerary planning, according to the report.

It has promised to make its work transparent and has allowed observers from the CDC and the CLIA, as well as rivals Carnival and MSC Cruises, according to the report.

According to government records, the CDC received 4,468 comments during its public comment period on the resumption of cruise ship passenger operations, which closed Monday.

When it extended its no sail order in July, the CDC reported that from March 1 to July 10, it had recorded 2,973 COVID-19 or COVID-like cases on cruise ships, in addition to 34 deaths. There were 99 outbreaks on 123 ships, meaning 80% of ships within U.S. jurisdiction were affected by the pandemic.

The agency also said that while seven cruise operators submitted "no sail order response plans" for crew management, they were having difficulty meeting all the requirements.

The suspension of operations also has had a negative effect on cruise lines' financials. Royal Caribbean reported a second-quarter loss of $1.6 billion compared to profits of $472.8 million over the same period in 2019, while Norwegian reported second-quarter losses of $715.2 million, compared to profits of $240.2 million the year before. Both attributed the losses to the pandemic, with Norwegian saying its second-quarter revenue decreased from $1.7 billion in 2019 to just $16.9 million this year.

Norwegian said Tuesday that it is evaluating the situation on a monthly basis in regard to resuming operations. Royal Caribbean did not immediately respond to an inquiry Monday regarding its outlook. The CDC also did not immediately respond to a request for comment Monday.

--Editing by Adam LoBelia.

Update: This story has been updated to include comment from Norwegian on its plans for resuming operations.

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