CBP advance traveler information for rail: NPRM

CBP published a notice of proposed rulemaking that would require rail carriers to transmit advance electronic traveler information for every individual (crew and passengers) arriving in or departing from the United States on a train, including trains that cross the U.S. border in transit, plus an advance notice of arrival or departure for the train. The NPRM is FR Doc. 2026-20884 (91 FR 64840; Docket USCBP-2026-0992; RIN 1651-AB60; proposed amendments to 19 CFR Part 123). Published October 13, 2026. This is a proposed rule only.

Comments due December 14, 2026 on docket USCBP-2026-0992. Notice of arrival/departure: 24 hours before the U.S. border crossing. Traveler data: 60 minutes before departure. This is a traveler rule, not a cargo-manifest rewrite.

Timing and data CBP proposes

• Notice of arrival or departure: no later than 24 hours before the train's arrival at the U.S. border crossing location. Data includes carrier code, trip number, train number, car numbers in order, origination, estimated times, border crossing place, final destination, complete itinerary, a 24-hour emergency point of contact, and carrier name and address.
• Traveler information: for arriving trains, due no later than 60 minutes before the train's departure; departing travelers also due no later than 60 minutes before departure.
• Traveler data elements include full name, date of birth, sex, citizenship, residence, DHS-approved travel document type/number/country/expiration if required, status on board (conductor, engineer, passenger, crew), complete itinerary, U.S. address (not for in-transit travelers), alien registration number if applicable, PNR locator if available, known traveler number and redress number if applicable, baggage tag info if applicable, seat location if available, and contact phone with country code and email.
• Updates: due before the train leaves the station where the change is received (or the next station). An ETA change of 30 minutes or more requires contacting CBP at the crossing.
• Interactive close-out: for interactive transmissions, a close-out message identifying travelers who boarded is due no later than 30 minutes after departure.

How to transmit, vetting, and responsibility

CBP proposes two transmission options: a CBP-certified carrier system, or a CBP-approved EDI system such as eAPIS. CBP vets and returns either an accepted message or an instruction to contact CBP; CBP may recommend not boarding a traveler of concern. Carriers may authorize another party to transmit but remain responsible.

Military exemption, penalties, and cargo interplay

Proposed 19 CFR 123.105 would exempt active-duty U.S. military personnel on orders on a U.S. Department of War-chartered train. Penalties would run under 19 U.S.C. 1436 (civil, and criminal for intentional violations or when prohibited merchandise is found); the conveyance would be subject to seizure and forfeiture. Emergency non-compliance would be considered case by case.

Proposed amendment to 19 CFR 123.6: a train from Canada or Mexico without commercial cargo would not need to present car manifests or a train sheet if subpart K data was transmitted; trains with commercial cargo would still need the consist. CBP is not proposing changes to commercial cargo manifest requirements. Existing rail cargo rule: electronic cargo info 2 hours before arrival at first U.S. port (19 CFR 123.91).

Voluntary program baseline and economics

A voluntary program has existed since 2005. Three passenger rail carriers have transmitted; only one participates now. No freight rail carriers have participated. CBP's economic analysis (2026-2030 window) reports passenger rail carriers net benefit $1,542,478 (3%) / $1,329,350 (7%), annualized $346,911; cargo rail carriers net benefits of -$1,691,802 (3%) / -$1,458,042 (7%), annualized -$380,495 (a net cost); rail passengers $36,330,246 / $31,310,416, annualized $8,170,861; CBP $278,193 / $239,754, annualized $62,567.

Action items

• File comments by December 14, 2026 on docket USCBP-2026-0992 via regulations.gov if crew, passenger, or EDI transmission proposals affect your rail operations.
• Passenger and freight rail carriers should map 24-hour train notice, 60-minute traveler data, update/close-out flows, and whether they will use a certified carrier system or eAPIS.
• Cross-border shippers should ask carriers how crew reporting will be built into operations; cargo manifest timing under 123.91 is unchanged in this proposal.
• No effective date yet; this is a proposed rule, and any compliance date would come in a final rule.

This article is for general information and is not legal or tax advice. Drawback eligibility depends on your specific facts, and final refunds are determined by CBP at liquidation. Consult a licensed customs broker or attorney for your situation.