CBP Proposes Mandatory Advance Passenger Data for Cross-Border Trains

U.S. Customs and Border Protection (CBP) proposed on 13 October 2026 to require rail carriers to transmit advance electronic information on every passenger and crew member aboard trains arriving in or departing from the United States, including trains crossing the border in transit. The notice of proposed rulemaking, published in the Federal Register (Vol. 91, No. 196, pp. 64840–64871), would create a new subpart K in 19 CFR part 123 and close what the agency calls a gap in U.S. national security. Comments must be received by 14 December 2026.

The proposal, docketed as USCBP–2026–0992 under RIN 1651–AB60, would extend to rail the advance-passenger-information regime already in force for commercial air carriers and commercial vessels. CBP has run a voluntary rail reporting program since 2005, but only one rail carrier currently transmits data, and the agency says the information received is “not always complete, valid, timely, or in an electronic format.” The rule would cover any train with a traveler on board — defined as any individual, including passengers and crew — arriving from or departing for a foreign location, including trains that cross the U.S. border while in transit. The document is signed by Markwayne Mullin, Secretary of the U.S. Department of Homeland Security, and filed as FR Doc. 2026–20884.

What carriers would have to report

• An advance notice of arrival or departure for the train, due no later than 24 hours before its arrival at a U.S. border crossing location.
• Advance traveler information for each person on board, due no later than 60 minutes before departure.
• Twenty data elements per traveler, including full name, date of birth, sex, country of citizenship and residence, DHS-approved travel document type, number, issuing country and expiration date, status on board (conductor, engineer, passenger or crew), complete itinerary, U.S. address, alien registration number, passenger name record locator, known traveler number, redress number, baggage tag information, seat location, contact phone number and email address.
• Updated data whenever information changes before the border is crossed, and a message within 30 minutes of departure listing travelers who boarded if an interactive transmission method is used.

Deadlines, vetting and penalties

CBP would vet the data and return a response message stating either that the transmission was accepted or that the carrier must contact CBP before departure. A change of 30 minutes or more in the estimated arrival time at the border crossing would require the carrier to update CBP and confirm that inspection resources are available. Violations could trigger civil penalties under section 436 of the Tariff Act of 1930 (19 U.S.C. 1436), seizure and forfeiture of the conveyance, and criminal penalties for intentional failures or where prohibited merchandise is found on board. Active-duty U.S. military personnel traveling on orders aboard a U.S. Department of War-chartered train would be exempt under proposed § 123.105.

Costs, benefits and scope

CBP estimates the rule would generate 141,381 additional responses and 6,512 additional burden hours annually, including 10,491 commercial passenger rail submissions and 140,430 new cargo rail submissions. Over 2026–2030 it projects net benefits of $1,542,478 for passenger rail carriers and $36,330,246 for rail passengers at a 3-percent discount rate, against net costs of $1,691,802 for cargo rail carriers. CBP identified seven small U.S.-based cargo rail carriers that would be affected, with annual revenues ranging from $155,000 to a median of $2,576,000, and estimates a cost of $5.42 per cargo train crossing. The agency certifies the rule would not have a significant economic impact on a substantial number of small entities.

The proposal would put rail on the same footing as aviation and maritime travel, requiring carriers to collect and transmit data they largely already hold at booking. For cross-border operators, passengers and shippers, it means new compliance systems, tighter deadlines and the prospect of penalties — and, CBP argues, faster processing once the information arrives complete and in advance.

Source: Federal Register, Vol. 91, No. 196, 13 October 2026, Proposed Rules, p. 64840 (official reference: FR Doc. 2026–20884; Docket No. USCBP–2026–0992).