Petitioner, Jerry W. Parker, appeals the Federal Highway Administration's ("FHWA") decision to deny him a license to drive commercial trucks in interstate commerce because he suffers from monocular vision and is missing part of his left arm. Because the FHWA's decision was arbitrary and capricious, we REVERSE and REMAND.

Parker is a commercial truck driver who suffers from a congenital eye condition known as Coates disease. As a result, he has corrected vision of 20/20 in his left eye and corrected vision of 20/300 in his right eye. He also had part of his left arm amputated after a grain elevator accident twenty years ago. Although he is licensed to drive commercial trucks intrastate in Ohio, Parker fails to meet the minimum federal safety standard for interstate commercial truckers which requires a:

[D]istant visual acuity of at least 20/40 (Snellen) in each eye without corrective lenses or visual acuity separately corrected to 20/40 (Snellen) or better with corrective lenses, distant binocular acuity of at least 20/40 (Snellen) in both eyes with or without corrective lenses, field of vison of at least 70 degrees in the horizontal Meridian in each eye, and the ability to recognize the colors of traffic signals and devices showing standard red, green, and amber in both eyes.

49 C.F.R. § 391.41(b)(10)1. However, under the Motor Carrier Safety Act of 1984,Pub. L.No. 98-554, 98 Stat. 2832 (codified at 49 U.S.C. § 31136(e), formerly 49 U.S.C. § app. 2505(f)), the Secretary of Transportation is authorized to grant waivers from this regulation as long as the waivers "are consistent with the public interest and safe operation of motor vehicles." 49 U.S.C. § 31136(e)(1) (1994), as amended by 49 U.S.C. § 31136(e) (1996). In other words, an exemption for an unqualified driver will be granted if "such exemption would likely achieve a level of safety that is equivalent to, or greater than the level that would be achieved absent such exemption." 49 U.S.C. § 31315(b)(1).

In 1992, the FHWA initiated a program whereby waivers would be granted to a limited group of visually impaired drivers who failed to meet the federal vision standard, but had a history of operating a commercial vehicle ("CMV") safely. See 57 Fed. Reg. 23370 (1992). The waiver program served as part of a regulatory review of the medical and physical qualifications placed on CMV drivers in light of the Americans With Disabilities Act of 1990, 42 U.S.C. § 12101, et seq. ("ADA"), as well as the Rehabilitation Act of 1973, 29 U.S.C. § 701, et seq. ("Rehabilitation Act").2 The participants consisted of experienced monocular drivers who met minimal physical requirements and had clean driving records3. The FHWA found that, despite their visual impairments, the participants had better driving records than all CMV drivers in general. Thus, the FHWA determined that granting waivers to these visually impaired drivers would be "'consistent with the safe operation of commercial motor vehicles,'" and "be in the 'public['s] interest.'" 57 Fed. Reg. 23370, 23371 (1992)(quoting former 49 U.S.C. app. § 2505(f)).4

In 1996, Parker applied for a federal vision waiver. As part of his application, Parker provided evidence that he had driven over 1.2 million miles in a CMV since 1985 without incident.5 Despite his impeccable driving record, the FHWA denied Parker's request after it learned that not only did Parker have monocular vision, but he is also missing part of his left arm. The FHWA found that, although there was sufficient evidence to demonstrate that someone with Parker's vision impairment could drive safely, there was insufficient evidence that someone with multiple impairments could operate a commercial vehicle with the same degree of safety as an unimpaired driver. Thus, the FHWA could not find that such an exemption would achieve the same, or a greater, level of safety that would be achieved absent such exemption.

The Administrative Procedure Act provides that an agency's action may not be set aside unless it is "arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law." 5 U.S.C. § 706(2)(A); Rauenhorst v. Department of Transportation, 95 F.3d 715, 718-19 (8th Cir. 1996). "The scope of review is 'narrow and a court is not to substitute its judgment for that of the agency.'" Rauenhorst., 95 F.3d at 718-19 (quoting Motor Vehicle Mfrs. Ass'n v. State Farm Mut. Auto Ins. Co., 463 U.S. 29, 43 (1983)). However, the agency must offer a satisfactory explanation of its reasons based on the relevant data. Motor Vehicle Mfrs. Ass'n, 463 U.S. at 43.

To be eligible for a federal vision waiver, an applicant must satisfy the CMV driver qualifications under 49 C.F.R. Part 39, which provides that a person is physically qualified to drive a CMV as long as he or she "has no loss of a foot, a leg, a hand, or an arm...." 49 C.F.R. § 391.41(b)(1).6 Because Parker is missing part of his left arm, the FHWA denied his request for a vision waiver. Under § 504 of the Rehabilitation Act, however, the FHWA must make an individual assessment of Parker's driving capabilities before it can deny his request for a vision waiver. See Hall v. United States Postal Service, 857 F.2d 1073, 1078-79 (6th Cir. 1988)("In determining whether a handicapped individual can perform the essential functions of a position and, if not whether a reasonable accommodation will enable him or her to do so, a district court 'will need to conduct an individualized inquiry and make appropriate findings of fact.'")(quoting School Bd. of Nassau County v. Arline, 480 U.S. 273, 287 (1987)).

The Department of Transportation ("DOT") concedes that it must make an individual inquiry into the merits of Parker's application, but asserts that it lacks sufficient data on the performance of drivers with multiple disabilities. As a consequence, there is no standard or test thatthe FHWA can rely on to ensure that granting a waiver to someone with multiple disabilities would achieve an equal or greater level of safety than if the waiver was not granted. See Rauenhorst, 95 F.3d at 723 ("[S]pecific waivers must be grounded on specific test or standards."). Although it admits that it would probably grant Parker a waiver if he only suffered from one of his disabilities, the DOT contends that it cannot issue a waiver to a driver with multiple impairments without evidence that such waiver is consistent with the public interest and the safe operation of a CMV. See Ward v. Skinner, 943 F.2d 157 (1st Cir. 1991).

We find the DOT's argument unpersuasive. When the FHWA initiated the waiver program, it relied on several studies which indicated that "the best predictor of future performance by a driver is his past record of accidents and traffic violations." 63 Fed. Reg. 1524, 1525 (1998). Parker has clearly demonstrated that despite his multiple impairments, he is able to safely operate a CMV. Furthermore, the DOT has not even attempted to consider a driving test with a review of Parker's safety record. By failing to assess Parker's actual capabilities, the DOT has in essence created a per se rule against granting vision waivers to individuals with multiple disabilities, thereby limiting such individuals' employment opportunities. This stands in direct contradiction to the goals and purpose of the Rehabilitation Act which is to provide equal opportunities for disabled individuals, including assisting such individuals in obtaining substantial employment. 29 U.S.C. §§ 701(a)(6)-(b)(2).

As such, we find that the FHWA's decision denying Parker a waiver from the federal vision regulations is arbitrary and capricious. Accordingly, the case is remanded so that the FHWA may create a functional capacity test consistent with its findings that an individual's driving record is indicative of future performance which will evaluate Parker's driving skills based upon his individual capabilities.

REVERSED and REMANDED.