English Language Proficiency; Out of Service Criteria

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Transportation Federal Motor Carrier Safety Administration 49 CFR Parts 390 and 391 [Docket No. FMCSA-2026-0826] RIN 2126-AC99 AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: FMCSA proposes to codify the English language proficiency (ELP) driver qualification requirement as an out-of-service (OOS) violation. The rulemaking would ensure uniform enforcement by aligning the Federal Motor Carrier Safety Regulations (FMCSR) with the current enforcement tolerances in the North American Standard Out-of-Service Criteria issued by the Commercial Vehicle Safety Alliance (CVSA). The rulemaking responds to a petition from CVSA. DATES: Comments must be received on or before October 9, 2026. ADDRESSES: You may submit comments identified by Docket Number FMCSA - 2026-0826 using any of the following methods: Federal eRulemaking Portal: Go to https://www.regulations.gov/​docket/​FMCSA-2026-0826/​document . Follow the online instructions for submitting comments. Mail: Dockets Operations, U.S. Department of Transportation, 1200 New Jersey Avenue SE, W58-213, Washington, DC 20590-0001. Hand Delivery or Courier: Dockets Operations, U.S. Department of Transportation, 1200 New Jersey Avenue SE, W58-213, Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Fax: (202) 493-2251. FOR FURTHER INFORMATION CONTACT: Bill Mah…