CDC Extends Conditional Sail Order Through January 15, 2022; Voluntary Program After That

The U.S. Centers for Disease Control and Prevention (CDC) has extended the Framework for Conditional Sailing Order (CSO) with minor modifications, according to a statement, through Jan. 15, 2022. 

After the expiration of the CSO, the CDC said it intends to transition to what it called a voluntary program, in coordination with the industry to detect, mitigate and control the spread of COVID-19 onboard cruise ships.

The CDC Director signed the Temporary Extension & Modification of the CSO on October 25, 2021; it is effective upon the expiration of the current CSO on November 1, 2021.

The Temporary Extension & Modification of the CSO shall remain in effect until the earliest of

  • The expiration of the Secretary of Health and Human Services’ declaration that COVID-19 constitutes a public health emergency;
  • The CDC Director rescinds or modifies the order based on specific public health or other considerations; or
  • January 15, 2022, at 12:01 am EDT.
  • After the expiration of the Temporary Extension & Modification of the CSO, CDC intends to transition to a voluntary program, in coordination with cruise ship operators and other stakeholders, to assist the cruise ship industry to detect, mitigate, and control the spread of COVID-19 onboard cruise ships.

As of July 23, 2021, the CSO and accompanying measures, such as technical instructions, are nonbinding recommendations for cruise ships arriving in, located within, or departing from a port in Florida, according to a statement from the CDC.

The CDC said in its statement that it is continuing to operate the CSO as a voluntary program for such ships that choose to follow the CSO measures voluntarily. 

A number of minor changes are available to see in the updated order, announced through “Dear Colleague” communications to industry partners.

The CDC said it did not view the extension as “imposing any new burdens or obligations on cruise ship operators when compared to the previous CSO … the most significant change is to narrow the applicability of the CSO to ‘foreign-flagged cruise ships operating in U.S. jurisdictions that do not routinely exercise public health jurisdiction nor maintain public health programs that conduct surveillance, inspections, investigations, and management for communicable diseases with potential for significant morbidity and mortality on board foreign-flagged ships.”

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.