ADV. FOR HIGHWAY SAF. v. FED. HIGHWAY ADMIN.

No. 92-1411.

28 F.3d 1288 (1994)

ADVOCATES FOR HIGHWAY AND AUTO SAFETY, Petitioner, v. FEDERAL HIGHWAY ADMINISTRATION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided August 2, 1994.


Attorney(s) appearing for the Case

Henry M. Jasny, argued the cause and filed the briefs for petitioner.

Robert V. Zener, Appellate Litigation Counsel, U.S. Dept. of Justice, argued the cause and filed the brief for respondent. Peter J. Plocki, Trial Atty., and Paul M. Geier, Asst. Gen. Counsel for Litigation, U.S. Dept. of Transp., and Deborah Ruth Kant, Attorney, U.S. Dept. of Justice, entered appearances for respondent.

Linda Denison Kilb, was on the brief for amici curiae Robert L. Carpenter and John C. Mike Thatcher.

Erika Ziebarth Jones, Kathryn Ann Kusski, and Daniel R. Barney, entered appearances for amicus curiae American Trucking Ass'n.

Before BUCKLEY and RANDOLPH, Circuit Judges, and LEVIN H. CAMPBELL, Circuit Judge, U.S. Court of Appeals for the First Circuit.


Opinion for the Court filed by Circuit Judge BUCKLEY.

BUCKLEY, Circuit Judge:

The Federal Highway Administration ("FHWA") sets driver safety qualifications for commercial motor vehicles operating in interstate commerce, including minimum vision requirements. The FHWA recently established a program allowing drivers with impaired vision in one eye to apply for waivers from the federal vision standard. Advocates for Highway and Auto Safety urge us to vacate the...

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