Headlines: Denmark – pirates threaten to kill hostages; FMC – transmission of approved log-in IDs and passwords; DOT – retrospective review of existing regulations; Court – drug test one-strike rule upheld; and Texas – letters from veterans of the Texas Navy.
March 3, 2011
Bryant’s Maritime Blog
Bryant’s Maritime Consulting - 4845 SW 91st Way - Gainesville, FL 32608-8135 - USA
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Denmark – pirates threaten to kill hostages
The Government of Denmark issued a press release stating that Somali pirates who hijacked a yacht in the Indian Ocean are threatening to kill the seven Danish citizens on board (including three children) if efforts are made to rescue them. The threat is seen by the Foreign Ministry as the start of the ransom negotiation process. The Foreign Minister stated that Denmark does not negotiate with pirates. (3/2/11).
FMC – transmission of approved log-in IDs and passwords
The Federal Maritime Commission (FMC) issued a final rule enabling it to use methods other than the US Postal Service to advise applicants of their approved log-in IDs and passwords relating to service contracts and NVOCC service arrangements. The amendments come into effect immediately. 76 Fed. Reg. 11680 (March 3, 2011).
DOT – retrospective review of existing regulations
The Department of Transportation (DOT) issued a notice stating that it will host a meeting in Washington, DC on March 14 to receive comments regarding its retrospective review of existing regulations. Among the regulations under review are those promulgated by the Maritime Administration (MARAD). 76 Fed. Reg. 11699 (March 3, 2011).
Court – drug test one-strike rule upheld
With one dissenting opinion, the US Court of Appeals for the Ninth Circuit ruled that the Association’s one-strike rule, which eliminates from consideration for employment any applicant who tests positive for drug or alcohol use during the pre-employment screening process does not violate the Americans with Disability Act (ADA). In the instant case, the plaintiff first applied for employment as a longshoreman in 1997. At the time, he suffered from an addiction to drugs and alcohol. He failed the drug test. In 2002, plaintiff underwent rehabilitation and became clean and sober. In 2004, he reapplied for employment as a longshoreman. Defendant association rejected the application because plaintiff had earlier failed the drug test. Plaintiff brought suit, asserting that the association’s actions resulted in disparate treatment and disparate impact. The appellate court affirmed the dismissal of plaintiff’s claim, holding that the triggering event for purposes of the one-strike rule is a failed drug test, not an applicant’s drug addiction. Lopez v. Pacific Maritime Association, No. 09-55698 (9th Cir., March 2, 2011).
Texas – letters from veterans of the Texas Navy
The Texas General Land Office (GLO) issued a press release stating that old letters have been found from veterans of the Texas Navy (1836-37) seeking land grants for services performed during the Texas War for Independence from Mexico. The four ships of the Texas Navy were issued Letters of Marque and Reprisal to engage in privateering in the Gulf of Mexico. (3/1/11).
If you have questions regarding the above items, please contact the editor:
Dennis L. Bryant
Bryant’s Maritime Consulting
4845 SW 91st Way
Gainesville, FL 32608-8135
© Dennis L. Bryant – March 2011