b'NEWSWIREPossible Rule May Address When Overnight Cruise Operators Must Pay Refunds The operator of an overnight cruise vessel withfull refunds must be paid within 180 days following a accommodations for 50 or more passengers andpassenger refund request. This includes all consumers that embarks passengers from a U.S. port is subjectwho, at their own discretion, cancelled their booking to regulatory oversight by the Federal Maritimewithin 60 days prior to said governmental action and Commission. The Commission is currently mullingcommensurate cancelled or delayed sailing.whether to amend its existing regulations concerningIf, following a declaration of a public health non-performance by an operator and under whatemergency, any consumer cancels a cruise booking circumstances passengers must be provided a refund forof a sailing that may be affected by such emergency a cancelled or delayed voyage. after the operators refund deadline, but the sailingIn August, in response to a fact-finding reportis not cancelled, the operator will provide a credit submitted by Commissioner Louis E. Sola that examinedfor a future cruise equal to the consumers amount the effects of COVID-19 on the cruise industry, the fullof deposit. In all other cases in which a consumer Commission directed staff to draft a notice initiating acancels and embarkation and sailing occur within rulemaking to implement certain regulatory changesthe prescribed timeline, the cruise lines rules for proposed by Commissioner Sola. The notice wascancellation will apply.published in the Federal Register on October 14. Now,An operator may set a reasonable deadline for a the Commission will solicit public comments, gatherconsumer entitled to a refund to request the refund additional information, and develop an actual proposedwhich shall not be less than six (6) months after the regulation.scheduled voyage. The specific changes proposed by CommissionerRefunds should include all fees paid to the operator by Sola are: consumer to include all ancillary fees remitted to the When a sailing is cancelled or a passenger boarding iscarrier by the consumer.delayed by at least 24 hours due to any reason other than a governmental order or declaration, full refundsRefunds are to be given in the same fashion as monies must be paid within 60 days following a passengerwere originally remitted to the carrier.refund request. After consulting with its members that operate When a sailing is cancelled or consumer boarding isovernight cruises, PVA will submit comments to the delayed due to a governmental order or declaration,Commission. nNew Marine Highway Module, continued from page 46educates readers on how marine highway services can become des-ignated projects by USDOT.It explains how to plan a new marine highway service, determine its feasibility, and identify possible funding mechanisms.This module of the Port Planning and Investment Toolkit will be updated periodically as new regulations and policies affecting marine highway planning, feasibility, and investment requirements related to the applicable laws discussed in the document are developed. Additional information on the Port Planning and Investment Toolkit is available on MARADs website. nOCTOBER 2020FOGHORN 47'