No. The substantive English language proficiency rule remains 49 CFR §391.11(b)(2), which has been on the books since 1937 and is enforced at the roadside by FMCSA. What the Department of Labor did on May 14, 2026 was issue guidance through the Office of Foreign Labor Certification (OFLC) requiring employers who hire foreign workers as commercial motor vehicle drivers to specify the ELP qualification in their labor certification filings (H-2A, H-2B, and PERM). The guidance reinforces an existing FMCSA rule rather than creating a new one. It becomes effective June 13, 2026.