Advocates for Highway and Auto Safety v. Federal Highway Administration

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 rule instituting the waiver program. We vacate and remand the rule because the agency lacked the data necessary to support its…