Breaking Down the New CDC Cruise Order

On Friday, the CDC announced it would be allowing the No-Sail Order to expire at the end of October. With that announcement came a list of requirements that cruise lines and ships would have to meet to resume sailing. In today’s blog, we will take a deeper dive into those requirements and when cruising might resume. The full document we are referencing below can be viewed here (PDF file).

CRUISING WON’T RESUME IMMEDIATELY

The first thing to note is something in the opening paragraph: “(the) CDC will take a phased approach to resuming cruise ship passenger operations in U.S. waters.” As we’ve been saying for months now, the return to the seas will be slow and methodical. This is an important point. The cruise lines will not simply re-start operations and immediately have all ships and itineraries available. It will likely start with a limited number of ships sailing shorter voyages to private islands and limited other destinations. While things could certainly proceed at a faster pace, it is likely that it will take four to six months for the major cruise lines to get all their ships back into service. This is assuming that they meet all the requirements outlined in the CDC document and below. It should be noted that this order applies to any ships that carry 250 or more persons (crew and passengers) who will spend at least 24 hours onboard. (Meaning that this does not apply to passenger ferries, ships under this occupancy number, or day transports.)

PHASE BY PHASE

The steps needed for a safe return to the sea have been categorized into “phases” by the CDC. Here is the overview of these phases:

PHASE ONE – Crew safety, including testing and safeguards designed to protect those who work onboard. Cruise ship operators will also build laboratory capacity necessary to test future passengers

PHASE TWO – Simulated voyages, testing the ability of the ship operators to enact the required protocols and to mitigate the COVID-19 risk

PHASE THREE – Certification of each ship as it meets the requirements necessary to return to service

PHASE FOUR – Return to service in a manner that mitigates COVID-19 risk among passengers, crew, and U.S. communities.

SPECIFICS – PHASE ONE

One of the first things each cruise line must do is submit their plan of action to the CDC. Many have already done this, but the plan must be approved by the CDC before they can move forward. You can see an example of the plans here and here.

The cruise lines must agree to test every crew member on a weekly basis and submit the results to the CDC. The CDC may, at their discretion, change the frequency of such tests and/or conduct oversight of specimen collection and testing.

Crew transfers and new crew arrivals will be done under strict protocols. New crew members will be tested and quarantined until they are cleared. Transfers will only be allowed from ships without any positive tests in the previous 28 days.

SPECIFICS – PHASE TWO

Prior to any simulated voyages, the cruise line must receive approval from port and local health authorities for any places in the U.S. where the ship intends to dock. This agreement must include a plan for where sick passengers or crew would be taken (which hospital, for example) and also a housing agreement for any potential quarantine needs. The ports and cruise lines must also agree to minimize the number of ships at a port on any given day, as to not overwhelm any local medical or emergency resources should they be needed.

When the simulated voyage or voyages occur, they must meed the following standards:

All “passengers” must be informed that they are participating in a test and that these are untested and unproven health and safety methods

All participants must be 18 or older and have a certified letter from a healthcare provider that states that they have no pre-existing medical condition that would put them at a higher risk from COVID-19

Participation in this testing must be voluntary and not a condition of employment or any other consideration

The following scenarios will be tested during the simulated voyage: Embarkation and debarkation procedures including terminal check-in, onboard activities including dining and entertainment venues, private island excursions, evacuation procedures, transfer of symptomatic passengers to isolation rooms onboard, quarantine of passengers and crew, and other procedures as may be outlined by the CDC

Standards must be met for hand hygiene, face coverings, social distancing, and overall ship sanitation

Meal services and entertainment must be modified to allow for social distancing

The cruise line must facilitate the testing of passengers and crew both at embarkation and debarkation. There will also be a follow-up test in the days following the conclusion of the simulated voyage

The simulated voyage may be ended immediately if a COVID-19 case is detected

An after-action report must be submitted by the cruise line to the CDC

Before a simulated voyage can occur, the cruise line must submit the specifics of the planned drill to the CDC, including the time and location of the test, the contact information for all parties involved, and a list of procedures to be tested.

SPECIFICS – PHASE THREE

When conditions have been met, the cruise lines may apply for a “Conditional Sailing Certificate” from the CDC. They must submit the following:

A completed application with the signatures of the cruise ship operator’s responsible officials

The names, titles, and contact information for the cruise ship operator’s responsible officials and any third-party auditors

A statement of intent including the ship’s name, carrying capacity for passengers and crew, itinerary, ports of call, length of voyage, and expected onboard and shoreside activities.

A copy of the US Coast Guard inspection that must have been in effect for the six months preceding the application

A signed statement affirming that the ship is in compliance with the CDC’s crew safety protocols

A signed statement affirming that the ship is in compliance with the CDC’s passenger safety protocols

A signed statement affirming that the ship operator has the necessary medical and laboratory capabilities onboard

A signed statement affirming that the cruise line will abide by all of these protocols and requirements

Once received by the CDC, the application will be reviewed. If the certificate is issued, the ship can then begin sailing under the conditions outlined in the protocols and in the application. If the application is rejected or incomplete, the CDC will have the cruise line modify the submission to meet the requirements. The CDC may, at any time, inspect the ship or interview any crew member in its service. The cruise lines may also submit modifications and amendments to the CDC to be considered at any time.

SPECIFICS – PHASE FOUR

Once approved, the cruise line must abide by certain rules when booking passengers on an approved voyage. Those conditions include:

Cruise operator must in marketing materials, on their website, and in any offerings regarding the voyage, notify passengers of any CDC travel advisories, warnings, or recommendations where it pertains to cruise travel

Passengers must be notified that if a threshold of COVID-19 is detected onboard the cruise, the voyage will be terminated immediately and the ship returned to the original port of embarkation. They must also be notified that in this instance, their subsequent travel (including returning home) may be restricted or delayed

The cruise ship operator must not offer an itinerary longer than 7 days. This length may be reduced or extended based on public health considerations

The cruise line must screen all passengers when boarding for COVID-19 and deny boarding to anyone who has a suspected case or has had contact with someone who has

Testing must be done on all passengers on embarkation day and debarkation day

Immediate testing must be done on any passenger or crew who reports illness consistent with COVID-19. Close contacts must also be tested

Standards for hand hygiene, face coverings, and social distancing must be met at all times

Meal services and entertainment must meet social distancing standards

The CDC may require a period of passenger observation prior to embarkation, post-cruise testing, or additional testing during a voyage at its discretion

Should a voyage be affected by COVID-19, the following procedures must be followed:

All passengers, crew, and appropriate government agencies must be notified

Current voyage must immediately return to original port of origin

Future voyages must be immediately canceled until CDC approves resumption of sailings

Immediately isolate any sick or infected passengers and crew in single occupancy rooms with private bathrooms and quarantine all remaining passengers and non-essential crew

Disembark all passengers and crew as outlined in agreements

Disembarkation must use private/non-commercial transportation

WHAT HAPPENS NOW?

An important part of the new order is the requirements over the next 60 days. Here are the highlights of those specifications:

First, all crew currently onboard the ships must, in the next 60 days, have specimens collected and tested by a shoreside lab

During this 60 day period, cruise ships must develop onboard testing capabilities for symptomatic crew and passengers and close contacts. After this 60 day period, weekly testing must be done on all crew members

Ships will be required to have rapid RT-PCR point-of-care equipment to use for testing

New crew members must be tested when joining the ship and quarantine for 14 days prior to starting their duties

As you can see, there is a lot that needs to be done. The good news is that the cruise lines have been working on many of these procedures for months, so a lot of the heavy lifting has already been done.

The application process for the simulated cruises and for the certification is a questionable point. Just how long will the CDC take to review and approve these applications? One would hope that it would be done in, to quote the CDC’s own words, a “timely manner” but it is more likely that there will be some delays due to these processes.

The issuance of this new order is certainly a step in the right direction. But it cannot be stressed enough that implementing all of these requirements will take time and it is certainly possible that more cruises may have to be canceled or modified. But the path back to the seas is more clear now and the process of implementing it can now begin in earnest.

We look forward to that day.