Paul K. Kwon - Comments

As enumerated under 49 U.S.C. 31136(e) and 31315, the Secretary "may grant a waiver that relieves a person from compliance in whole or in part with a regulation issued". This ensures that CMV drivers involved in interstate commerce will satisfy the strict health/vision requirements set out by the FMCSA. In general, individuals cannot choose to live a life free from acute/chronic diseases, such as, but not limited to: hypertension, diabetes, congestive heart failure, or renal impairment. Although there are some disease processes that are preventable by modifiable life factors, other disease processes are hereditary, which no one is able to prevent. For example, individuals that have acquired diabetes through family genetics will unfortunately be dealing with complications that may affect their entire body system if the disease is not managed accordingly. However, through proper management, these individuals can live a fulfilling life without complications. To restrict these individuals from operating a CMV based upon the mere possibility that their diabetes MIGHT complicate their vision or any other body system seems too harsh of a punishment. By providing the exemption application allows these individuals to operate a CMV, more specifically, allows these individuals to live their lives, without compromising the safety requirements set out by the FMCSA. Furthermore, in order to successfully obtain an exemption, the strict standards applied during the examination process to these individuals ensure that the publics' safety is not jeopardized, and that every individual operating a CMV is competent in doing so. For the above reasons, these 22 individuals, after satisfying the exemption application requirements, should be allowed to operate a CMV in interstate commerce. -RN, BSN, PHN