OPINION EN BANC
BREYER, Circuit Judge.
Appellant Michael Cousins, who is deaf, obtained a Maine driver's license permitting him to drive a truck with a tractor trailer. A federal Department of Transportation (DOT) rule, however, prevents him from working as a truck driver. 49 C.F.R. § 391.41(b)(11) (1987) (a "person is physically qualified to drive a motor vehicle if that person ... [f]irst perceives a forced whispered voice in the better ear at not...
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