FMCSA plans rule on English proficiency out-of-service status

FMCSA has a proposed rule in the Unified Agenda that would examine whether English language proficiency requirements in 49 CFR 391.11(b)(2) should be codified as an out-of-service violation.

The rule is listed under DOT/FMCSA with RIN 2126-AC99 and the title, “English Language Proficiency, Out of Service Criteria.” The abstract says the purpose is to examine the English Language Proficiency qualification requirements in 49 CFR 391.11(b)(2) to determine whether they should be codified as an out of service violation.

Reginfo.gov lists the agenda stage as Proposed Rule Stage and says this is the first time the item has been published in the Unified Agenda. The entry also shows the legal authority as 49 U.S.C. 31502(b), 49 CFR 391.11(b)(2), and 49 U.S.C. 31136(a).

The timetable lists an NPRM for 07/00/2026. The entry does not list a legal deadline. It also says the rule is not yet assigned a CFR citation.

The agenda entry says the action is not in the Regulatory Plan, and it marks the item as not requiring a Regulatory Flexibility Analysis. It also says no small entities are affected and no government levels are affected.