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Proposed Rule2026-20884

Advance Traveler Information for Rail

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Published

October 13, 2026

Issuing agencies

Homeland Security DepartmentU.S. Customs and Border Protection

Abstract

U.S. Customs and Border Protection (CBP) is proposing to require rail carriers to transmit advance electronic traveler information to CBP for any individual (crew and passengers) who is arriving in or departing from the United States on board a train. The rail carrier also would be required to transmit an advance notice of arrival or departure, as applicable, for the train. This rule would enhance security while facilitating legitimate international travel on board trains.

Full Text

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<title>Federal Register, Volume 91 Issue 196 (Tuesday, October 13, 2026)</title>
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[Federal Register Volume 91, Number 196 (Tuesday, October 13, 2026)]
[Proposed Rules]
[Pages 64840-64871]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-20884]

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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

19 CFR Part 123

[Docket No. USCBP-2026-0992]
RIN 1651-AB60

Advance Traveler Information for Rail

AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security.

ACTION: Notice of proposed rulemaking.

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SUMMARY: U.S. Customs and Border Protection (CBP) is proposing to
require rail carriers to transmit advance electronic traveler
information to CBP for any individual (crew and passengers) who is
arriving in or departing from the United States on board a train. The
rail carrier also would be required to transmit an advance notice of
arrival or departure, as applicable, for the train. This rule would
enhance security while facilitating legitimate international travel on
board trains.

DATES: Comments must be received by December 14, 2026.

ADDRESSES: Please submit comments, identified by docket number, by the
following method:
<bullet> Federal eRulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
Follow the instructions for submitting comments via docket number
USCBP-2026-0992.
Instructions: All submissions received must include the agency name
and docket number for this rulemaking. All comments received will be
posted without change to <a href="http://www.regulations.gov">http://www.regulations.gov</a>, including any
personal information provided. For detailed instructions on submitting
comments and additional information on the rulemaking process, see the
``Public Participation'' heading of the SUPPLEMENTARY INFORMATION
section of this document.
Docket: For access to the docket to read background documents, a
plain language summary of the rule, or comments received, go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>.

FOR FURTHER INFORMATION CONTACT: Timothy Tyler, Director, External
Engagements and Initiatives, Office of Field Operations, U.S. Customs
and Border Protection, at (202) 344-3801 or
<a href="/cdn-cgi/l/email-protection#22764b4f4d564a5b0c630c765b4e4750624140520c464a510c454d54"><span class="__cf_email__" data-cfemail="34605d595b405c4d1a751a604d585146745756441a505c471a535b42">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

Interested persons are invited to participate in this rulemaking by
submitting written data, views, or arguments on all aspects of the
notice of proposed rulemaking. CBP also invites comments that relate to
the economic, environmental, or federalism effects that might result
from this proposal.
Comments that will provide the most assistance to CBP will
reference a specific portion of the proposed rule, explain the reason
for any recommended change, and include data, information, or authority
that support such recommended change.

II. Executive Summary

A. Purpose of the Rulemaking

The purpose of this proposed rule is to increase security in the
rail environment while simultaneously facilitating the legitimate
travel of passengers and crew. The current regulations applicable to
rail carriers fail to provide CBP with timely information necessary to
evaluate in advance the risk of individuals arriving in or departing
from the United States by

[[Page 64841]]

train; or to detect violations relating to immigration, customs,
agricultural, or other laws that CBP is responsible for enforcing or
administering. The lack of this advance information in the rail
environment has left a gap in U.S. national security that terrorists or
other criminals could exploit. This risk has increased for rail travel
as security measures for other modes of travel, such as air and
commercial vessels, have increased.
To respond to this risk, CBP established a program that allows rail
carriers to voluntarily transmit to CBP advance electronic information
relating to individuals arriving in or departing from the United States
on board a train.\1\ CBP regularly uses the voluntarily transmitted
information to identify rail travelers requiring additional vetting or
inspection and to identify violations of immigration, customs,
agriculture, and other laws while simultaneously facilitating the
travel of legitimate passengers and crew.
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\1\ DHS/CBP/PIA-001(d), Privacy Impact Assessment for the
Advance Passenger Information System Voluntary Rail and Bus
Submissions (APIS-VRBS) (2009) (APIS-VRBS PIA); DHS/CBP/PIA-001(h),
Privacy Impact Assessment Update for the Advance Passenger
Information System (APIS): Land Pre-Arrival System (LPAS) for Bus
and Rail (2019), (regarding mobile application for voluntary rail
and bus submissions); DHS, DHS/CBP/PIA-001(i), Privacy Impact
Assessment for the Advance Passenger Information System (APIS):
Voluntary Expansion (2021), available at <a href="http://www.dhs.gov/privacy">www.dhs.gov/privacy</a>.
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Based on this experience with the voluntary program, CBP has
determined that the proposed mandatory reporting requirements are
necessary to ensure CBP has sufficient and reliable information and the
time necessary to perform its border security obligations for all
international rail traffic. Mandatory reporting of this information
would also ensure that CBP receives accurate and timely information in
an acceptable format, which is essential for an effective vetting
process. By mandating the transmission of this electronic information
in advance, CBP would improve its ability to: (1) vet all travelers
attempting to cross the U.S. border on board a train; and (2) timely
respond to any identified risk or non-compliance with U.S. civil or
criminal laws that CBP enforces or administers. CBP also expects that
the knowledge that all rail travelers will be vetted in advance would
deter travelers planning to use rail travel for illicit purposes.
Additionally, the proposed rule is intended to increase CBP's
operational efficiency. Based on CBP's experience with the voluntary
program, when the required information is received in advance and the
data is accurate and complete, the overall processing time for that
train and the travelers on board improves. As a result of increased
efficiencies and the additional electronic information received in
advance, this rule would enable CBP officers to focus their resources
more effectively at ports of entry through improved vetting and
targeting.
Finally, this proposed rule would promote CBP's efforts to continue
to move toward establishing consistent procedures across all modes of
transportation and ports of entry.

B. Legal Authority

The requirements proposed by this rule are authorized pursuant to
sections 431 and 433 of the Tariff Act of 1930, as amended (Tariff Act)
(19 U.S.C. 1431, 1433). Specifically, section 433(d) of the Tariff Act
requires the person in charge of a vehicle (which includes a train) to
transmit to the Secretary of Homeland Security (Secretary),\2\ pursuant
to an electronic data interchange system, such information, data,
documents, papers, or manifests that the Secretary may require by
regulation.\3\ 19 U.S.C. 1433(d). Section 431(b) of the Tariff Act
requires that the master, person in charge of a vehicle (including a
train), or an authorized agent of the owner or operator of a vehicle,
sign, produce, deliver, or electronically transmit any manifest
required by the Secretary in accordance with the regulations. 19 U.S.C.
1431(b).
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\2\ Sections 403(1) and 411 of the Homeland Security Act of 2002
(Pub. L. 107-296, 116 Stat. 2135, 2178-79), codified at 6 U.S.C.
203(1) and 211, transferred certain functions from the U.S. Customs
Service of the Department of the Treasury to the Department of
Homeland Security.
\3\ Sections 431(b) and 433(d) of the Tariff Act (19 U.S.C.
1431(b), 1433(d)) impose requirements on vehicle transportation. The
term ``vehicle'' includes ``every description of carriage or other
contrivance used, or capable of being used, as a means of
transportation on land, but does not include aircraft.'' Tariff Act
sec. 401(b) (19 U.S.C. 1401(b)). Accordingly, sections 431(b) and
433(d) of the Tariff Act (19 U.S.C. 1431, 1433) apply to rail
transportation.
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C. Summary of the Proposed Rule

This rule would require rail carriers to transmit an advance notice
of arrival or departure, as applicable, for any train that is arriving
in or departing from the United States with a traveler on board,
including a train that crosses the U.S. border while in transit. The
notice of arrival and notice of departure would be due no later than 24
hours prior to the train's arrival at the U.S. border crossing location
on the inbound and outbound trips, respectively.
Additionally, the rule would require rail carriers to transmit
advance electronic traveler information to CBP for any individual
(including crew and passengers) who will arrive in or depart from the
United States on board the train or who crosses the U.S. border while
in transit. The required information would include information
generally found on a passport or other DHS-approved travel document,
including name, date of birth, sex, country of citizenship, country of
residence, and DHS-approved travel document type, number, country of
issuance and expiration date, if applicable. The information would also
include other identifying information such as status on board the train
(i.e., conductor, engineer, passenger, crew); complete itinerary of the
traveler; address while in the United States for all travelers, except
those in transit; alien registration number, if applicable; traveler's
passenger name record locator, if available; known traveler number, if
applicable; redress number, if applicable; baggage tag information, if
applicable; and seat location, including car and seat number, if
available. The required information would also include contact phone
number with country code and email address, if available.
After the rail carrier transmits the required information, CBP
would conduct an initial vetting of the advance information and send a
response message to the carrier. The response message would state
either that CBP accepted the transmission or that the rail carrier must
contact CBP prior to departure. If CBP's vetting of the traveler
information does not identify any traveler of concern, then the
response message will state that CBP has accepted the transmission. In
such a case, no further advance action by the rail carrier is required.
However, if CBP has identified a traveler of concern, then the response
message will indicate that the carrier should call CBP and will provide
a phone number for the carrier to call. Upon contacting CBP, the
carrier and CBP will attempt to resolve any

[[Page 64842]]

concerns regarding the traveler, such as by confirming whether there
are any errors in the transmitted information. If CBP's vetting flags a
traveler as having potential security, immigration, customs, or other
law enforcement issues, then CBP may recommend that the carrier not
board the traveler.
Carriers would have two options for transmitting the required
advance electronic information to CBP. Under the first option, rail
carriers would transmit the advance electronic information through a
CBP-certified transmission system. Under this option, a carrier would
be required to submit its electronic transmission system to CBP for
testing and CBP would have to certify that the rail carrier's system is
capable of communicating with the CBP system for effective
transmissions of data and receipt of appropriate messages. Under the
second option, rail carriers could transmit the advance electronic
information through any CBP-approved electronic data interchange
system, such as the Electronic Advance Passenger Information System
(eAPIS) web portal,\4\ or any CBP-approved application with manifest
capabilities.
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\4\ The eAPIS is an online transmission system that meets all
current and future APIS data element requirements for all mandated
APIS transmission types. More information on eAPIS generally is
available at <a href="https://www.cbp.gov/travel/travel-industry-personnel/apis/eapis-transmission-system">https://www.cbp.gov/travel/travel-industry-personnel/apis/eapis-transmission-system</a> (last accessed May 26, 2026).
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D. Summary of Costs and Benefits

CBP evaluated the costs and benefits that would arise from the
implementation of this proposed rule. The estimated costs and benefits
of the proposed rule are summarized below in Section VI.A. CBP
anticipates that during the time period of analysis (2026-2030), this
proposed rule would result in costs and benefits to CBP, carriers,
passengers, and the public.
The implementation of this proposed rule is expected to result in a
total net benefit to passenger rail carriers of $1,542,478 and
$1,329,350 using a 3-percent and 7-percent discount rate respectively
and annualized benefits of $346,911. Cargo rail carriers are expected
to experience net benefits of -$1,691,802 and -$1,458,042 using a 3-
percent and 7-percent discount rate respectively and annualized net
benefits of -$380,495.\5\ Rail passengers are expected to experience
net benefits of $36,330,246 and $31,310,416 using a 3-percent and 7-
percent discount rate respectively and annualized net benefits of
$8,170,861. CBP expects to experience net benefits of $278,193 and
$239,754 using a 3-percent and 7-percent discount rate respectively and
annualized net benefits of $62,567. Passengers, passenger rail
carriers, cargo rail carriers, and the general public would all benefit
from the increased security that would result from this proposed rule.
Security benefits remain unquantified in this analysis.
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\5\ Negative net benefits reflect a net cost.
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III. Background and Purpose

A. Legal Authority

These proposed regulations are authorized by sections 431 and 433
of the Tariff Act of 1930, as amended (Tariff Act) (19 U.S.C. 1431,
1433).\6\ Specifically, section 433(d) of the Tariff Act requires the
person in charge of a vehicle (which includes trains) to transmit to
the Secretary of Homeland Security (Secretary), pursuant to an
electronic data interchange system, such information, data, documents,
papers, or manifests that the Secretary may require by regulation.\7\
19 U.S.C. 1433(d). Section 431(b) of the Tariff Act requires that the
master, person in charge of a vehicle, or an authorized agent of the
owner or operator of a vehicle, to sign, produce, deliver, or
electronically transmit any manifest required by the Secretary in
accordance with the regulations. 19 U.S.C. 1431(b).
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\6\ Sections 403(1) and 411 of the Homeland Security Act of 2002
(Pub. L. 107-296, 116 Stat. 2135, 2178-79, codified at 6 U.S.C.
203(1) and 211, transferred certain functions from the U.S. Customs
Service of the Department of the Treasury to the Department of
Homeland Security.
\7\ Sections 431(b) and 433(d) of the Tariff Act (19 U.S.C.
1431(b), 1433(d)) impose requirements on vehicle transportation. The
term ``vehicle'' includes ``every description of carriage or other
contrivance used, or capable of being used, as a means of
transportation on land, but does not include aircraft.'' Tariff Act
sec. 401(b) (19 U.S.C. 1401(b)). Accordingly, sections 431(b) and
433(b) of the Tariff Act (19 U.S.C. 1431, 1433) apply to rail
transportation.
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Section 431(d) of the Tariff Act requires the Secretary to
promulgate regulations that specify the form for and the information
and data that must be contained in a manifest and prescribe the manner
of production for, and the delivery for electronic transmittal of, a
manifest. 19 U.S.C. 1431(d). Additionally, a train arriving in the
United States may only depart from the port or place of arrival in
accordance with regulations prescribed by the Secretary, unless
otherwise authorized by law. Tariff Act sec. 433(e) (19 U.S.C.
1433(e)).
These statutory provisions grant the Secretary the authority to
issue regulations that require a person in charge of a train to
electronically transmit data, documents, papers, or manifests and to
specify in the regulations what information and data must be
transmitted. The Secretary has delegated its statutory authority
relating to these requirements to the Commissioner of U.S. Customs and
Border Protection (CBP). See DHS, Delegation No. 07010.3, Delegation of
Authority to the Commissioner of U.S. Customs and Border Protection
II.A (Rev. No. 03.2, Incorporating Change 2) (Dec. 11, 2024).

B. Current Regulations and Need for Rulemaking

CBP intends for this rulemaking to promote the dual goals of
increasing security in the rail environment while simultaneously
facilitating the legitimate international travel of passengers and
crew. CBP developed these proposed regulations based on its experience
with a voluntary program that permits rail carriers to transmit advance
electronic traveler information to CBP and the successful
implementation of similar regulations for air carriers and commercial
vessel carriers. This section discusses the current requirements
applicable to rail carriers and the insufficiencies of those
requirements. This section also describes the voluntary program for
rail carriers and the current regulations for air carriers and
commercial vessel carriers.
1. Current Regulations for Rail Carriers
Rail carriers operating trains that cross the U.S. border with
either Mexico or Canada are subject to part 123 of title 19 of the Code
of Federal Regulations (19 CFR part 123). Part 123 includes provisions
governing the report of arrival, manifesting, unlading and lading,
instruments of international traffic, shipments in transit, commercial
traveler's samples, and baggage.
Pursuant to 19 CFR part 123, rail carriers are required to make a
report of arrival to CBP for any train arriving in the United States
from a foreign location. 19 CFR 123.1(b). The report of arrival must be
made upon arrival of the train at the U.S. port of entry. 19 CFR
123.1(b). Individuals arriving in the United States from a foreign
location on board a train must report their arrival to CBP once they
arrive in the United States. 19 CFR 123.1(a).
Rail carriers are also subject to reporting requirements relating
to baggage, merchandise, and commercial cargo traveling on board a
train arriving in the United States from a foreign location.\8\ For
example, the conductor of a train is required to present to CBP

[[Page 64843]]

individual car manifests and a train sheet, sometimes called a consist,
bridge sheet, or trip sheet, listing each car and showing the car
numbers and initials. 19 CFR 123.6. Additionally, baggage or
merchandise carried on a train arriving from a foreign location must be
listed on an inward foreign manifest and must be presented to a CBP
officer at the time the rail carrier makes the report of arrival,
unless an exception applies.\9\ 19 CFR 123.3 and 123.5. Finally, for
any train arriving in the United States from a foreign location with
commercial cargo on board, the rail carrier must electronically
transmit certain information concerning the cargo to CBP two hours
prior to the cargo's arrival at its first U.S. port of entry. 19 CFR
123.91. The required information generally identifies the rail carrier,
the shipper, the consignee, and the train; includes a description of
the cargo; and specifies when the train will arrive in the United
States. See 19 CFR 123.91(d).\10\
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\8\ See 19 CFR part 123, subparts C and D (merchandise), subpart
G (baggage), and subpart J (commercial cargo).
\9\ When baggage arrives in the actual possession of a traveler,
the traveler's declaration will be accepted in lieu of a manifest.
See 19 CFR 123.3(b) and 123.62. Merchandise transported from one
U.S. port to another U.S. port through Canada or Mexico may be
included on an in-transit manifest. See 19 CFR part 123, subpart C.
Merchandise transported in transit across the United States to
Canada or Mexico is governed by 19 CFR part 18.
\10\ Specifically, the rail carrier must transmit the following
information for all required incoming cargo: the rail carrier
identification code; the carrier-assigned conveyance name, equipment
number and trip number; the scheduled date and time of arrival at
the first port of entry in the United States; the numbers and
quantities of the cargo laden on board the train; a precise cargo
description; the shipper's complete name and address or
identification number; the name and address of the consignee; the
place where the rail carrier takes possession of the cargo shipment;
any hazardous material code; container numbers or rail car numbers;
and the seal numbers for all seals affixed to containers and/or rail
cars. 19 CFR 123.91(d).
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2. Need for Rulemaking and Voluntary Program
The current regulations applicable to rail carriers fail to provide
CBP with timely information necessary to evaluate in advance the risk
of individuals arriving in or departing from the United States by train
or to detect violations relating to immigration, customs, agricultural,
or other laws. For example, the current regulations do not require any
advance information relating to any passengers or crew traveling on
board the train; rather, CBP collects information about the passengers
and crew on the train only after they arrive in the United States and
report to a CBP officer, if the rail carrier has not voluntarily
provided such information to CBP. The current regulations in 19 CFR
part 123 also do not include any reporting requirements for individuals
departing the United States on board a train. Although the regulations
require rail carriers operating trains with commercial cargo on board
to report an estimated time of arrival, see 19 CFR 123.91, there is no
equivalent requirement for carriers operating trains without commercial
cargo (i.e., most passenger trains). Even for passenger trains
operating on schedules, CBP may not be aware of schedule changes and
delays.
The lack of this advance information in the rail environment leaves
a gap in U.S. national security that terrorists or other criminals
could exploit. Without advance, electronic data, CBP's ability to
assess risk for the rail industry is severely limited until the train
physically arrives at the port of entry. This risk is increased for
rail travel as security measures for other modes of travel, such as air
and commercial vessels, have increased, potentially diverting illicit
activities to less regulated modes of travel, such as by train. An
attack on a passenger or cargo train involves the potential for mass
casualties, extensive property damage, and negative effects on the
economy and legitimate travel.\11\ Terrorist attacks on trains
throughout the world are well documented, including attacks on
passenger trains in Madrid, Spain in 2004, and Mumbai, India in
2006.\12\ In North America, two individuals were convicted and
sentenced for conspiring to carry out a terrorist attack against a
passenger train traveling from New York Penn Station to Toronto, Canada
in April 2013.\13\ Since terrorists tend to emulate and repeat methods
of prior attacks, this has long been an important area of concern for
DHS and CBP.\14\
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\11\ See DHS, Biennial National Strategy for Transportation
Security 3, & app. C Surface Security Plan at 55 (Apr. 18, 2023),
<a href="https://www.dhs.gov/publication/2023-biennial-national-strategy-transportation-security">https://www.dhs.gov/publication/2023-biennial-national-strategy-transportation-security</a> (last accessed May 26, 2026).
\12\ CBP, Report to Congress on Northern Border Railroad
Passenger and Cargo Screening (Mar. 3, 2009); University of
Maryland, Global Terrorism Database, GTD ID: 200403110007 (Madrid,
Spain); and University of Maryland, Global Terrorism Database, GTD
ID: 200607120001 (Mumbai, India).
\13\ CBC News, 2 Via Rail terror plotters sentenced to life in
prison (Sept. 23, 2015), <a href="https://www.cbc.ca/news/canada/toronto/via-rail-terror-sentences-1.3240050">https://www.cbc.ca/news/canada/toronto/via-rail-terror-sentences-1.3240050</a> (last accessed May 26, 2026).
\14\ See e.g., Section 1523 of the Implementing Recommendations
of the 9/11 Commission Act of 2007 (Pub. L. 110-53, Aug. 2, 2007);
CBP, Report to Congress on Northern Border Railroad Passenger and
Cargo Screening (Mar. 3, 2009); DHS, Northern Border Threat Analysis
Report--Public Summary (2017), available at <a href="https://www.dhs.gov/publication/northern-border-threat-analysis-report">https://www.dhs.gov/publication/northern-border-threat-analysis-report</a> (last accessed
May 26, 2026); DHS, Biennial National Strategy for Transportation
Security, app. C Surface Security Plan (Apr. 18, 2023), <a href="https://www.dhs.gov/publication/2023-biennial-national-strategy-transportation-security">https://www.dhs.gov/publication/2023-biennial-national-strategy-transportation-security</a> (last accessed May 26, 2026).
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In 2005, CBP established a program that allows rail carriers to
voluntarily transmit to CBP manifest information relating to
individuals arriving in or departing from the United States on board a
train.\15\ The purpose of the voluntary program is to respond to the
threat in the rail environment and to more effectively identify rail
travelers requiring additional vetting or inspection, while
facilitating legitimate international travel and trade. This voluntary
program requests that rail carriers transmit to CBP information
regarding the rail carrier, the train's route, and each individual on
board the train. Specifically, CBP requests the following data: rail
carrier's name, point of contact, carrier's telephone number and email
address, carrier code, trip identifier, departure/arrival location
code, and estimated time of departure/arrival. See APIS-VRBS PIA at 2-
3. Additionally, CBP requests the following data elements for each
individual traveling on board the train: name; date of birth; sex; DHS-
approved travel document type, number, and issuing country, if
required; traveler status (passenger or crew); address, if available;
and departure or arrival code. Id. This information is generally
referred to as manifest information or as an arrival or departure
manifest. Id. at 1.
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\15\ DHS/CBP/PIA-001(d), Privacy Impact Assessment for the
Advance Passenger Information System Voluntary Rail and Bus
Submissions (APIS-VRBS) (2009) (APIS-VRBS PIA); DHS/CBP/PIA-001(h),
Privacy Impact Assessment Update for the Advance Passenger
Information System (APIS): Land Pre-Arrival System (LPAS) for Bus
and Rail (2019), (regarding mobile application for voluntary rail
and bus submissions); DHS, DHS/CBP/PIA-001(i), Privacy Impact
Assessment for the Advance Passenger Information System (APIS):
Voluntary Expansion (2021), available at <a href="http://www.dhs.gov/privacy">www.dhs.gov/privacy</a>.
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CBP regularly uses the voluntarily transmitted information to
identify rail travelers requiring additional vetting or inspection and
to identify violations of immigration, customs, agriculture, and other
laws while simultaneously facilitating the international travel of
legitimate passengers and crew. Id.
One rail carrier currently voluntarily transmits information to CBP
through this voluntary program. Id. However, because the transmission
of the information is not mandatory and there are no penalties for
noncompliance, the information transmitted is not always complete,
valid, timely, or in an electronic format. When the transmitted
information is incomplete or inaccurate, CBP officers must update the
information when inspecting the train at

[[Page 64844]]

the U.S. port of entry or may not use the advance information for
processing at all. Additionally, not all carriers currently participate
in the voluntary program. Making the reporting mandatory, along with
the requirement for rail carriers to verify travel documents against
transmitted information, will ensure that CBP receives accurate and
timely information, which is essential for an effective vetting
process. This improved data quality directly contributes to more
reliable security assessments.
Based on this experience, CBP has determined that the proposed
mandatory reporting requirements are necessary to ensure CBP has
sufficient and reliable information and the time necessary to perform
its border security obligations for all international rail traffic.
Mandatory reporting of this information would also ensure that CBP
receives accurate and timely information, in an accessible electronic
format, which is essential for effective advance vetting processes. By
mandating the transmission of this information in advance, CBP would
improve its ability to: (1) pre-vet all travelers attempting to cross
the U.S. border on board a train; and (2) timely respond to any
identified risk or non-compliance with U.S. civil or criminal laws
enforced or administered by CBP. This means that if a traveler of
concern is identified during vetting, CBP has sufficient time to
investigate, resolve concerns, or prepare for an interdiction, rather
than reacting in real-time at the border, which can be less efficient
and potentially more dangerous. CBP also expects that the knowledge
that all rail travelers will be vetted in advance would deter travelers
planning to use rail travel for illicit purposes.
Accordingly, this proposed rule would support CBP's core missions
of border security, including screening, reviewing, identifying, and
prioritizing the inspection of travelers arriving in and departing from
the United States; detecting, responding to, and interdicting
terrorists, drug smugglers and traffickers, human smugglers and
traffickers, and other persons who may undermine the security of the
United States; and ensuring the interdiction of persons illegally
entering the United States. See, e.g., 6 U.S.C. 211(c).
Additionally, the proposed rule is intended to increase efficiency
in CBP's ability to process individuals arriving in or departing from
the United States on board a train. Based on the experience with the
voluntary program, when the required information is received in advance
and the data is accurate and complete, the overall processing time for
that train and the travelers on board improves. With advance
information, CBP officers can access the data prior to traveler arrival
and use the information to make better informed admissibility and
enforcement decisions. By identifying high-risk individuals in advance,
CBP officers can focus their resources more effectively at ports of
entry. This allows for quicker processing of legitimate travelers while
dedicating more attention to those who require additional scrutiny,
thereby optimizing security operations. Additionally, by mandating the
advance information, CBP would improve the accuracy and completeness of
the traveler data so that advance technologies could be used
effectively. For example, when CBP has access to advance traveler
information, CBP is able to use the Traveler Verification Service to
build galleries of photographs based on arriving or departing
individuals, which facilitates traveler processing.\16\ CBP processes
large volumes of travelers at the rail ports of entry every day, and
increasing efficiencies for CBP train traveler operations would result
in benefits to all entities that are processed by CBP.
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\16\ See DHS/CBP/PIA-056, Privacy Impact Statement for the
Traveler Verification Service 5 (2018), available at <a href="http://www.dhs.gov/privacy">www.dhs.gov/privacy</a>.
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Finally, this proposed rule would promote CBP's efforts to continue
to move toward establishing consistent procedures across all modes of
transportation and ports of entry. The Advance Passenger Information
System (APIS) requirements currently in effect for passengers and crew
arriving or departing on board aircraft and commercial vessels,
described in Section III.B.3. of this document below, have been
successful at promoting both security and the international travel of
legitimate passengers, and CBP proposes to implement similar
requirements for other modes of travel. In addition to this rule, CBP
also expects to propose similar reporting requirements for cross-border
bus travel. CBP's goal is to ensure a consistent level of security
across all modes of cross-border transportation.
In conclusion, CBP is proposing mandatory advance reporting
requirements for passengers and crew arriving and departing the United
States on board a train. CBP would use the information to identify
high-risk passengers and crew who may: pose a risk to border or public
security; be a terrorist or suspected terrorist or affiliated with or
suspected of being affiliated with terrorists or terrorist
organizations; be a person of interest; otherwise be engaged in
activity in violation of U.S. law; be the subject of wants or warrants;
or be inadmissible, while simultaneously facilitating the international
travel of legitimate passengers and crew.
3. Current Regulations for Commercial Air Carriers, Private Aircraft
and Commercial Vessel Carriers
In order to address the concerns identified above in the rail
environment, CBP is proposing reporting requirements for rail carriers
that are very similar to the regulations currently applicable to air
carriers and commercial vessel carriers.\17\ Accordingly, a brief
summary of those requirements follows.
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\17\ For regulations relating to commercial aircraft, see 19 CFR
122.49a, 122.49b, 122.49c, 122.75a, and 122.75b. For regulations
relating to commercial vessels, see 19 CFR 4.7b and 4.64.
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In response to the September 11, 2001, terrorist attacks, CBP
developed regulations requiring commercial air carriers or commercial
vessels to electronically transmit prior to departure information
relating to individuals traveling to or from the United States on board
commercial air carriers or commercial vessels.\18\ CBP also developed
similar regulations requiring private aircraft pilots to electronically
transmit information for individuals travelling on board private
aircraft arriving in and departing from the United States. See 19 CFR
122.22.
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\18\ These regulations were implemented pursuant to several
statutory mandates including, but not limited to, section 115 of the
Aviation and Transportation Security Act, Public Law 107-71, 115
Stat. 597, 623 (2001) (adding 49 U.S.C. 44909(c)); section 402 of
the Enhanced Border Security and Visa Entry Reform Act of 2002,
Public Law 107-173, 116 Stat. 543, 557 (amending section 231 of the
Immigration and Nationality Act of 1952, Public Law 82-414, 66 Stat.
163 (8 U.S.C. 1221) regarding passenger manifests); and section 4012
of the Intelligence Reform and Terrorism Prevention Act of 2004,
Public Law 108-458, 118 Stat. 3638, 3717 (amending 49 U.S.C.
44909(c)); and pursuant to certain authorities administered by the
Transportation Security Administration (TSA) (49 U.S.C. 114; 49 CFR
parts 1544, 1546, and 1550). For additional information regarding
the statutory authority for the air and commercial vessel
regulations, see 70 FR 17820 (Apr. 7, 2005) and 72 FR 48320 (Aug.
23, 2007).
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Currently, commercial air carriers and private aircraft pilots are
required to electronically transmit arrival and departure manifests to
CBP at specified times prior to departing to or from the United States.
19 CFR 122.49a, 19 CFR 122.75a and 19 CFR 122.22. The advance arrival
and departure information must contain information regarding each
individual (passengers, crew, and non-crew) on board the aircraft.
Although the required information varies depending on whether the
individual is a passenger,

[[Page 64845]]

crew, or non-crew, the arrival and departure manifests must generally
contain: the name; date of birth; sex; citizenship; status on board the
aircraft; and DHS-approved travel document type, number, and expiration
date, as well as information regarding the flight, such as the date of
arrival or departure. See 19 CFR 122.49a, 122.49b, 122.75a, 122.75b.
Commercial air carriers and private aircraft pilots may transmit
the manifest information through a CBP-certified electronic
transmission system or through a CBP-approved electronic transmission
system, such as the Electronic Advance Passenger Information System
(eAPIS). Upon receipt of timely transmitted arrival or departure
information,\19\ CBP performs enforcement and security queries against
various multi-agency law enforcement databases and the terrorist
watchlist. CBP then responds to the carrier with instructions regarding
the clearance of the aircraft (for transmissions made through a non-
interactive CBP-approved transmission method, such as eAPIS) or each
individual (for transmission made through a CBP-certified electronic
transmission method).
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\19\ Commercial air carriers are required to electronically
transmit arrival and departure manifest information 30 minutes prior
to the securing of the aircraft or up to the securing of the
aircraft, depending on the type of transmission. See 19 CFR
122.49a(b)(2) and 19 CFR 122.75a(b)(2).
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Commercial vessel carriers (other than ferries) must transmit to
CBP advance electronic data for each individual on board the vessel.
See 19 CFR 4.7b and 4.64. Although the information required is
different for arrivals and departures, the carrier must generally
transmit the following information for each individual on board: full
name; date of birth; sex; citizenship; country of residence; status on
board the vessel; travel document type, number, country of issuance,
and expiration date; alien registration number, where applicable;
passenger name record locator, if available; details of each passenger
and crew's itinerary; and vessel information. See 19 CFR 4.7b(b)(3) and
4.64(b)(3). The vessel carriers must transmit the information prior to
arriving in or departing from the United States in order to provide CBP
with the time necessary to process the information.\20\ Commercial
vessels transmit passenger and crew manifests through the U.S. Coast
Guard electronic Notice of Arrival/Departure System (eNOA/D), the
electronic data interchange system approved by CBP for use by
commercial vessel carriers. See 72 FR 48320, 48320.
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\20\ Commercial vessels arriving in the United States must
transmit arrival manifest information between 24 hours and 96 hours
prior to the vessel's entry at a U.S. port or place of destination,
depending on the length of the voyage. See 19 CFR 4.7b(b)(2).
Commercial vessels departing from the United States must transmit
departure manifest information no later than 60 minutes prior to
departure from the United States. See 19 CFR 4.64(b)(2).
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These existing regulations have been effective at mitigating risks
and detecting violations of immigration, customs, agricultural, and
other laws in the air and sea environment by providing CBP with the
information and time necessary to identify high-risk passengers on
aircraft or commercial vessels and to take appropriate action. For that
reason, CBP is proposing in this document to require similar reporting
requirements in the rail environment.

IV. Proposed Requirements

This document proposes to require rail carriers to transmit to CBP
an advance electronic transmission of information for any train
arriving in or departing from the United States, including a train in
transit, with a traveler on board (that is, any individual, including
passengers and crew, who will cross the U.S. border on board the
train). Specifically, proposed new subpart K of 19 CFR part 123, titled
Advance Traveler Information for Rail, would add eight new sections to
the regulations, requiring rail carriers to transmit an advance notice
of arrival or notice of departure, as applicable, for the train and
advance traveler information for each traveler crossing the U.S. border
on board the train. After the rail carrier transmits the required
information, CBP would conduct an initial vetting of the advance
information and send a response message to the carrier. The response
message would state either that CBP has accepted the transmission or
that the rail carrier must contact CBP prior to departure. CBP also
proposes conforming amendments to Sec. 123.0, Scope, and Sec. 123.6,
Train sheet for arriving railroad trains, in 19 CFR part 123. Each new
proposed requirement is explained in detail below.

A. Definitions

Proposed 19 CFR 123.100 provides definitions for terms as they are
used in the proposed new subpart K. Specifically, for purposes of this
subpart the terms conductor, crew, depart and departure, DHS-approved
travel document, emergency, engineer, passenger, station, stop, train,
traveler, and United States are defined as set out in the proposed
regulatory text below. For example, proposed 19 CFR 123.100 defines the
term ``train,'' for purposes of proposed subpart K, to include any
conveyance being used to provide railroad transportation for commercial
or private purposes, including cargo conveyances and passenger
conveyances. Additionally, proposed 19 CFR 123.100 defines the term
``traveler,'' for purposes of proposed subpart K, to mean any
individual, including passengers and crew, who will cross the U.S.
border while on board a train that will arrive in the United States
from a foreign location or depart the United States for a foreign
location, including a train that will cross the U.S. border while in
transit. The terms ``depart'' and ``departure'' would mean the point at
which the train doors are closed, and the train leaves the last station
or stop prior to crossing the U.S. border on either an inbound or
outbound trip. Emergency would be defined to mean an urgent situation
due to a mechanical, medical, or security problem, natural or manmade
disasters, evacuations due to chemical, biological, or radiological
events, or the transport of emergency responders to such incidents.
These definitions were developed to be consistent with the existing
APIS regulations for commercial air, private air, and commercial sea
carriers, with adjustments made to reflect the rail industry.
Additionally, the definition for ``emergency'' is based on CBP's
experience with the voluntary program for rail carriers and existing
APIS regulations for other travel modes.

B. Advance Notice of Arrival or Departure for All Trains With a
Traveler On Board

Proposed 19 CFR 123.101 would require a rail carrier to transmit to
CBP an advance notice of arrival or departure for any train with a
traveler on board arriving in the United States from a foreign location
or departing the United States for a foreign location, including any
train that crosses the U.S. border while in transit, unless the U.S.
military exemption under proposed 19 CFR 123.105 applies.
Proposed 19 CFR 123.101(a) would generally require the rail carrier
to transmit the notice of arrival or departure through a CBP-certified
electronic transmission system or a CBP-approved electronic data
interchange system in accordance with proposed 19 CFR 123.104. Proposed
19 CFR 123.101(a) provides that the rail carrier may authorize another
party to submit the notice of arrival or departure on the rail
carrier's behalf, while also providing that the rail carrier would
remain responsible at all times for the submission, accuracy,
timeliness, and completeness of the transmitted

[[Page 64846]]

information. Additionally, section 123.101(b) would require a rail
carrier to electronically transmit the notice of arrival or notice of
departure no later than 24 hours prior to the train's arrival at the
U.S. border crossing location.
The advance notice of arrival and notice of departure would be
required to contain the following data elements, pursuant to proposed
19 CFR 123.101(c): the rail carrier's code (as provided by CBP); the
trip number; the train number; car numbers in order, if more than one
car; place of origination (or code as provided by CBP); estimated local
time and date that the train will leave from the origination station or
stop; place of U.S. border crossing (or code as provided by CBP);
estimated local time and date of arrival at the U.S. border crossing
location; place of final destination (or code as provided by CBP);
estimated local time and date of arrival at the final destination;
complete itinerary, including all scheduled stops; the full name and
phone number of a 24-hour emergency point of contact, who must be an
individual knowledgeable about the particular trip reported in the
notice of arrival or departure; and the rail carrier's name and
address.
CBP's purpose in collecting this information would be to be able to
identify and locate a train if CBP identified a concern with a
particular traveler. CBP would link the information provided in the
notice of arrival or departure with the advance traveler information
that would also be required under 19 CFR 123.102 and 19 CFR 123.103 so
that CBP could quickly locate any traveler of concern.
Proposed 19 CFR 123.101(d) sets forth the requirements for
transmitting changes to an advance notice of arrival or departure.
Specifically, proposed 19 CFR 123.101(d)(1) provides that each time any
of the information in an advance notice of arrival or departure changes
after transmission to CBP and prior to the train crossing the U.S.
border, the rail carrier would be required to transmit the new or
revised information to CBP. The new or revised information would be due
prior to the train leaving the station or stop at which the rail
carrier received the updated information or, if the information was
received between stations or stops, no later than when the train leaves
the next station or stop after receiving the information. If the rail
carrier receives new or revised information after departure but prior
to the train crossing the U.S. border, then the rail carrier would be
required to transmit such updated information to CBP prior to crossing
the U.S. border.
Proposed 19 CFR 123.101(d)(2) details that if there is a change of
30 minutes or more to the estimated time of arrival at the U.S. border
crossing location on either the inbound or outbound trip, the rail
carrier would be required, in addition to transmitting the updated
estimated time of arrival, to contact CBP at the border crossing
location to confirm that CBP resources would be available to inspect
the train. The carrier must contact CBP either prior to departure or,
if the change arises after departure, prior to arrival at the U.S.
border crossing location. If CBP does not have resources available to
inspect the train, the train would not be inspected immediately upon
arrival, consistent with current practices.

C. Advance Electronic Information Required for All Travelers Arriving
in the United States On Board a Train

Proposed 19 CFR 123.102 would require a rail carrier to
electronically transmit advance traveler information to CBP for all
travelers on board a train arriving in the United States from a foreign
location, including any train that crosses the U.S. border while in
transit, unless the U.S. military exemption under proposed 19 CFR
123.105 applies. Proposed 19 CFR 123.102(a) would require the rail
carrier to electronically transmit the advance information through a
CBP-certified transmission system or a CBP-approved electronic data
interchange system in accordance with proposed 19 CFR 123.104. Proposed
19 CFR 123.102(a) provides that the rail carrier may authorize another
party to submit the advance information on the rail carrier's behalf,
while also providing that the rail carrier would remain responsible at
all times for the submission, accuracy, timeliness, and completeness of
the transmitted information.
Proposed 19 CFR 123.102(b) provides that the required information
would be due no later than 60 minutes prior to the train's departure.
The rail carrier would be required to transmit the following
information, set forth in proposed 19 CFR 123.102(c), for each traveler
on board the train: full name (last, first, and, if available, middle);
date of birth; sex; country of citizenship; country of residence; DHS-
approved travel document type, number, country of issuance, and
expiration date, if required; \21\ traveler's status on board the train
(i.e., conductor, engineer, passenger, crew); complete itinerary of the
traveler, including origination and destination station or stop;
address while in the United States, including a number and street,
city, state, and zip code (not required for travelers who are in
transit to a location outside the United States); alien registration
number, if applicable; traveler's passenger name record locator, if
available; known traveler number, if applicable; redress number, if
applicable; \22\ baggage tag information, if applicable; seat location,
including car and seat number, if available; contact phone number,
including country code; and email address. The carrier would be
required to request a contact phone number and email address from each
traveler, and if the traveler provides one, the carrier must transmit
it to CBP. The carrier is not required to transmit a contact phone
number or email address for the traveler if the traveler does not
provide the information to the carrier.
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\21\ The DHS-approved travel document information would be
required for the majority of travelers but may not be required in
certain circumstances. If a DHS-approved travel document is not
required for a traveler, the rail carrier would not be required to
transmit the DHS-approved travel document type, number, country of
issuance, or expiration date.
\22\ A redress number is a number assigned by DHS to an
individual processed through the redress procedures described in 49
CFR part 1560, subpart C.
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The transmitted information would provide CBP with the information
necessary to perform accurate and sufficient vetting of the travelers
prior to their arrival in or departure from the United States. As
stated above, CBP would use the information collected from the rail
carriers to identify high-risk passengers and crew who may pose a risk
to border or public security, may be a terrorist or suspected terrorist
or affiliated with or suspected of being affiliated with terrorists or
terrorist organizations, may be a person of interest, may otherwise be
engaged in activity in violation of U.S. law, may be the subject of
wants or warrants, or may be inadmissible. CBP has identified the
above-listed information as necessary to identify such travelers.
Currently, CBP collects some of the information required by this
rule from the travelers upon their arrival at the port of entry.\23\
Rail carriers generally require travelers to provide similar
information as part of the carrier's ticket booking process, including
full name, email address, and phone number. Some carriers also collect
additional

[[Page 64847]]

details from travelers when booking a ticket, including passport or
other travel document details such as date of birth and sex. For many
of the data elements, rail carriers have the information, such as
traveler's status on board, complete itinerary, baggage tag
information, and seat location. Rail carriers, despite having many of
these data elements in electronic format, are not currently sharing
that information with CBP (except through the voluntary program). CBP
is proposing to require rail carriers to both collect and transmit
information electronically and in advance of departure to ensure that
CBP has the relevant information at the time and in the format that is
necessary to conduct sufficient vetting and to respond to any potential
situation.
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\23\ Generally, CBP collects biographical information from
travelers upon their arrival at the port of entry such as name, date
of birth, passport number, country of residence, and address in the
United States. CBP does not generally collect information relating
to the traveler's train trip, such as estimated time of arrival,
itinerary, seat number, or baggage information. CBP also does not
generally collect traveler's phone numbers or email address during
inspection.
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Proposed 19 CFR 123.102(d) sets forth that after transmission of
the required information, CBP would conduct vetting of the transmitted
traveler information and transmit a response message to the rail
carrier. The response message will state either that CBP accepted the
transmission or that the rail carrier must contact CBP prior to
departure. This response message serves as confirmation that the
required electronic transmission was received by CBP.
If CBP's vetting of the traveler information does not identify any
concerns, then the response message back to the rail carrier would
state that CBP has accepted the transmission. In such a case, no
further action by the rail carrier would be required. However, if CBP
were to identify a traveler as having potential security, immigration,
customs, or other law enforcement issues, then the response message
would indicate that the carrier should call CBP and would provide a
phone number for the carrier to call. Upon contacting CBP, the carrier
and CBP could determine, for example, whether there are any
typographical errors in the traveler information because incorrect
information could result in an inaccurate vetting result. If potential
security, immigration, customs, or other law enforcement issues remain,
then CBP may recommend that the carrier not transport the traveler on
board the train, although the rail carrier would retain the authority
to decide whom to transport on board the train.
The response message process would be necessary to ensure the
integrity of the transmitted information. CBP needs accurate traveler
information, before the train arrives at the port of entry, so that CBP
can prepare for any security or enforcement concerns presented by a
particular traveler. CBP's vetting of the travelers prior to departure
may also be relevant to the rail carriers, who have an interest in
protecting the security of their travelers. Additionally, communication
between the carrier and CBP improves the accuracy of the information
transmitted because it provides the carriers with an opportunity to
correct any potential errors in the transmission.
Proposed 19 CFR 123.102(e) sets forth the requirements for
transmitting changes to the traveler data to CBP. Specifically,
proposed 19 CFR 123.102(e)(1) would require that each time any of the
required information changes after transmission to CBP and prior to the
train crossing the U.S. border, including if travelers get on or off
the train prior to crossing the U.S. border, the rail carrier would be
required to electronically transmit the new or revised information. The
rail carrier would be required to transmit the new or revised
information no later than when the train leaves the station or stop
during which the rail carrier received the new or revised information.
If the carrier receives information between station or stops, the
carrier would be required to transmit it to CBP no later than when the
train leaves the next station or stop after receiving the information.
If the rail carrier receives new or revised information after departure
but prior to the train crossing the U.S. border, then the rail carrier
would be required to transmit the new or revised information to CBP
prior to crossing the U.S. border. Proposed 19 CFR 123.102(e)(2)
provides that upon receipt of the new or revised information, CBP would
vet the updated information and transmit a response message to the rail
carrier. The response message will state either that CBP has accepted
the transmission or that the rail carrier must contact CBP prior to
departure or crossing the U.S. border, as detailed above.
Proposed paragraph 123.102(f) provides that the rail carrier would
be responsible for comparing the travel documents presented by the
traveler with the travel document information it is transmitting to CBP
in order to ensure that the information matches the information
contained on the travel document, the document appears to be valid for
travel purposes, and the traveler is the person to whom the travel
document was issued. This requirement would ensure that CBP receives
accurate and timely information, which is essential for an effective
vetting process. This improved data quality would directly contribute
to more reliable security assessments.

D. Advance Electronic Information Required for All Travelers Departing
From the United States On Board a Train

Proposed 19 CFR 123.103 would require a rail carrier to
electronically transmit advance traveler information to CBP for all
travelers on board a train departing from the United States for any
location outside the United States, including any train that crosses
the U.S. border while in transit, unless subject to the military
exemption under proposed 19 CFR 123.105. Proposed 19 CFR 123.103(a)
would require the rail carrier to transmit the advance information
through a CBP-certified transmission system or a CBP-approved
electronic data interchange system in accordance with proposed 19 CFR
123.104. Proposed 19 CFR 123.103(a) provides that the rail carrier may
authorize another party to submit the advance information on the rail
carrier's behalf, while also providing that the rail carrier would
remain responsible at all times for the submission, accuracy,
timeliness, and completeness of the transmitted information.
Proposed 19 CFR 123.103(b) provides that the required information
would be due no later than 60 minutes prior to the train's departure.
The data elements required for departing travelers would be the same as
those required for arriving travelers. Specifically, the rail carrier
would be required to transmit the following information, as set forth
in proposed 19 CFR 123.103(c), for each traveler on board the train:
full name (last, first, and, if available, middle); date of birth; sex;
country of citizenship; country of residence; DHS-approved travel
document type, number, country of issuance, and expiration date, if
required; \24\ traveler's status on board the train (i.e., conductor,
engineer, passenger, crew); complete itinerary of the traveler,
including origination and destination station or stop; address while in
the United States including a number and street, city, state, and zip
code (not required for travelers who are in transit to a location
outside the United States); alien registration number, if applicable;
traveler's passenger name record locator, if available; known traveler
number, if applicable; redress number, if

[[Page 64848]]

applicable; \25\ baggage tag information, if applicable; seat location,
including car and seat number, if available; contact phone number,
including country code; and email address. As with arrivals, the
carrier must request a phone number and email address from the traveler
but is not required to transmit a phone number with country code or
email address if the traveler does not provide it.
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\24\ As noted above, the DHS-approved travel document
information would be required for the majority of travelers but may
not be required in certain circumstances. If a DHS-approved travel
document is not required for a traveler, the rail carrier would not
be required to submit the DHS-approved travel document information.
\25\ A redress number is a number assigned by DHS to an
individual processed through the redress procedures described in 49
CFR part 1560, subpart C.
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CBP's purpose in collecting this information would be the same as
stated above for arriving passengers, that is, to enable CBP to perform
accurate and sufficient vetting of the information and identify
travelers of concern prior to departure from the United States.
Currently, CBP can collect biographical information from departing
travelers at the port of entry at the time of departure. Rail carriers
generally collect similar information electronically from travelers,
but they currently are not sharing it with CBP (except through the
voluntary program). CBP is proposing to require rail carriers to both
collect and transmit information electronically and in advance of
departure to ensure that CBP has the relevant information at the time
and in the format that is necessary to conduct vetting and to respond
to any potential situation.
Proposed 19 CFR 123.103(d) sets forth that after transmission of
the required information, CBP would conduct vetting of the transmitted
traveler information and transmit a response message to the rail
carrier stating either that CBP has accepted the transmission or that
the rail carrier must contact CBP prior to departure. CBP's process of
responding to the transmission would be the same as stated above for
arriving passengers. This response message serves as confirmation that
the required electronic transmission has been received by CBP.
Proposed 19 CFR 123.103(e) sets forth the requirements for
transmitting changes to the traveler data to CBP for departing trains.
Specifically, proposed 19 CFR 123.102(e)(1) would require that each
time any of the required information changes after transmission to CBP
and prior to the train crossing the U.S. border, including if travelers
get on or off the train prior to crossing the U.S. border, the rail
carrier would be required to electronically transmit the new or revised
information to CBP. The rail carrier would be required to transmit the
new or revised information no later than when the train leaves the
station or stop during which the rail carrier received the new or
revised information. If the carrier receives information between
station or stops, it must transmit the new or revised information to
CBP no later than when the train leaves the next station or stop after
receiving the information. If the rail carrier receives new or revised
information after departure but prior to the train crossing the U.S.
border, then the rail carrier would be required to transmit the new or
revised information to CBP prior to crossing the U.S. border. Proposed
19 CFR 123.103(e)(2) provides that upon receipt of the new or revised
information, CBP would vet the updated information and transmit a
response message to the rail carrier. The response message would state
either that CBP has accepted the transmission or that the rail carrier
must contact CBP prior to departure or prior to crossing the U.S.
border, as detailed above.
Proposed paragraph 123.103(f) provides that the rail carrier
collecting the required information would be responsible for comparing
the travel documents presented by the traveler with the travel document
information it is transmitting to CBP in order to ensure that such
information matches the information contained on the travel documents,
the documents appear to be valid for travel purposes, and the traveler
is the person to whom the travel documents were issued. As with
arrivals, this requirement would ensure that CBP receives accurate and
timely information, which is essential for an effective vetting
process. This improved data quality would directly contribute to more
reliable security assessments.

E. Transmission to CBP

Proposed 19 CFR 123.104 would provide rail carriers with two
options for transmitting the required advance electronic information to
CBP. Under the first option, provided in proposed 19 CFR 123.104(a),
rail carriers would transmit the advance electronic information through
a CBP-certified electronic transmission system. Under this option, a
carrier would be required to submit its electronic transmission system
to CBP for testing and CBP would have to certify that the rail
carrier's system is capable of communicating with the CBP system for
effective transmissions of data and receipt of appropriate messages.
Transmissions made via a CBP-certified electronic transmission system
may be transmitted as interactive individual submissions, interactive
batch submissions, or non-interactive batch submissions. If a rail
carrier uses an interactive transmission method (batch or individual),
the rail carrier would be required, in addition to the other
transmissions proposed in this rule, to transmit to CBP a message that
identifies all travelers that boarded the train. The message would be
required to identify the travelers by a unique identifier assigned by
the rail carrier or by specific traveler data, such as the traveler's
full name. This is commonly referred to as a ``close-out'' message. The
close-out message would be due to CBP no later than 30 minutes after
departure.
Close-out messages are necessary specifically for interactive
transmission because the carrier can send traveler information one-by-
one and get almost immediate responses from CBP. For non-interactive
transmission, the carrier sends all the information in one batch and
receives a single response message. In certain situations, when a
carrier is transmitting traveler information interactively, a traveler
that books a ticket but does not board the train would appear on the
manifest, and, therefore, would appear to CBP to be on the train. The
close-out message ensures that only those travelers that boarded the
train are included in the manifest.
Under the second option, provided in proposed 19 CFR 123.104(b),
rail carriers would transmit the advance electronic information through
a CBP-approved electronic data interchange system. Currently, CBP has
approved transmissions through the Electronic Advance Passenger
Information System (eAPIS) web \26\ portal, and through the CBP-
approved application with manifest capabilities. Transmissions through
eAPIS are non-interactive transmissions. In order for CBP to approve an
electronic data interchange system, CBP must be able to test the system
to ensure it can effectively transmit data and receive messages and
meet all applicable DHS-established security and connectivity
standards.
---------------------------------------------------------------------------

\26\ The eAPIS is an online transmission system that meets all
current and future APIS data element requirements for all mandated
APIS transmission types. More information on eAPIS generally is
available at <a href="https://eapis.cbp.dhs.gov/eapis/help.do">https://eapis.cbp.dhs.gov/eapis/help.do</a> (last accessed
May 26, 2026).
---------------------------------------------------------------------------

Additionally, on a limited case-by-case basis and upon request by a
rail carrier, CBP may permit a rail carrier to submit the required
information telephonically or through another approved alternative
procedure when unforeseen circumstances preclude transmission of the
information electronically, as set forth in proposed paragraph
123.104(c). Under such circumstances, CBP would manually enter the
information provided by the rail carrier, vet the information, and

[[Page 64849]]

provide a response message to the carrier. CBP's response message could
be received electronically or through another alternative procedure
such as telephonically.

F. Exemption for Certain U.S. Military

Proposed 19 CFR 123.105 would provide an exemption for rail
carriers from reporting certain U.S. military personnel. Under this
section, advance electronic information otherwise required by part 123,
subpart K, would not be required for active-duty U.S. military
personnel traveling on orders as travelers on board a U.S. Department
of War-chartered train.

G. Penalties

Violations of the advance notice of arrival or departure or advance
traveler information requirements provided for in this part may result
in certain civil penalties, as provided in section 436 of the Tariff
Act of 1930, as amended (19 U.S.C. 1436), in addition to other
penalties applicable under other provisions of law. Furthermore, any
conveyance used in connection with any such violation is subject to
seizure and forfeiture. Criminal penalties would also be authorized
under section 436 of the Tariff Act, as amended (19 U.S.C. 1436), for
intentional violations or when prohibited merchandise is found on
board, as detailed in proposed 19 CFR 123.106(b).

H. Emergencies

Proposed 19 CFR 123.106(c) provides that in the case of non-
compliance with any of the reporting requirements of part 123, subpart
K, due to an emergency, CBP would take into consideration the
circumstances of the emergency and whether, but for the emergency, the
carrier would have been capable of making the required transmissions.
The term ``emergency'' would mean an urgent situation due to a
mechanical, medical, or security problem, including natural or manmade
disasters, evacuations due to chemical, biological, or radiological
events, or the transport of emergency responders to such incidents. See
proposed 19 CFR 123.100.

I. Changes to the Train Sheet for Trains Arriving in the United States
Without Commercial Cargo On Board

Under the current language of 19 CFR 123.6, a conductor of a train
arriving from Canada or Mexico is required to present to the CBP
officer at the port of arrival individual car manifests and a train
sheet, sometimes called a consist, bridge sheet, or trip sheet, listing
each car and showing the car numbers and initials. This proposed rule
would require rail carriers to transmit advance electronic data that is
the same or substantially similar to the information currently required
by 19 CFR 123.6 as referenced below. For example, the advance notice of
arrival or departure proposed by this rule would provide CBP with
sufficient information, including car numbers and the train number to
identify the train and the relevant trip. In order to avoid requiring
carriers to submit the same information multiple times in different
formats, CBP is proposing to amend 19 CFR 123.6 by adding a provision
which states that a conductor of a train arriving from Canada or Mexico
without commercial cargo on board would not be required to present
individual car manifests or a train sheet if the carrier has
transmitted the information required by subpart K of this part for that
train in accordance with those provisions. A train consist will
continue to be required for trains with commercial cargo on board
because CBP continues to rely on the consist as part of the commercial
cargo manifest process. See, e.g., 19 CFR 123.91(a). CBP is not at this
time proposing changes to the requirements related to manifest
information for commercial cargo.

J. Severability

CBP has authority to implement this proposed rule and the exercise
of its authority reflects sound policy. To protect CBP's goals for this
rule, CBP is proposing regulatory text stating that the provisions be
severable so that, if necessary, the regulations may continue to
function even if a provision is rendered inoperable. The purpose of the
severability clause is to ensure that, in the event a specific
provision of the rule is invalidated or otherwise unenforceable due to
legal challenge, the remaining provisions can continue to operate
independently to the extent possible. This approach is consistent with
standard rulemaking practices and is intended to preserve the
functionality of the rule while minimizing disruption.
Accordingly, in the event that any portion of a subsequent final
rule were to be declared invalid or unenforceable, CBP intends for the
remaining aspects of the rule to be severable. Although the provisions
collectively will strengthen the overall security of international rail
travel, they each operate independently to serve this purpose as well.
For example, the requirements for arriving travelers could operate
independently from the requirements for departing travelers, and vice
versa.

V. Related Rulemakings

CBP is engaging in multiple rulemakings to implement APIS
requirements across different modes of travel. For example, CBP
published a notice of proposed rulemaking (Advance Passenger
Information System: Electronic Validation of Travel Documents, 88 FR
7016 (Feb. 2, 2023)), which proposed to amend the APIS regulations
applicable to commercial air carriers. Additionally, CBP is
concurrently drafting a separate notice of proposed rulemaking (NPRM)
to require bus carriers to transmit advance electronic traveler
information to CBP for any individual (passengers or crew) who is
arriving in or departing from the United States on board a bus. The
NPRM for bus travel proposes to amend 19 CFR part 123, similar to this
proposed rule.
Although this proposed rule generally does not directly intersect
with the rulemakings for commercial air or bus travel, CBP has
endeavored to use consistent regulatory text in these rulemakings. CBP
also acknowledges that the regulatory text ultimately promulgated for
the various APIS rulemakings may differ from the exact provisions in
the relevant proposed rules in order to align the text with any updated
regulations as of the time of publication. For example, both this rule
and the NPRM for bus travel amends 19 CFR 123.0 to reflect the scope of
19 CFR part 123. This provision, therefore, may require edits at the
final rule stage, to accurately align both rules.
CBP realizes that policy and regulatory changes can affect staffing
needs, costs, fee revenue, and processing times. CBP will consider
these other rulemakings for peripheral, overlapping, or interrelated
effects on this rule, and will analyze and incorporate the potential
effects of rules that may impact or substantively overlap with this
proposal, if any, at a later date.

VI. Statutory and Regulatory Reviews

A. Executive Orders 12866, 13563, and 14192

Executive Orders 12866 (Regulatory Planning and Review) and 13563
(Improving Regulation and Regulatory Review) direct agencies to assess
the costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. Executive Order 14192

[[Page 64850]]

(Unleashing Prosperity Through Deregulation) directs agencies to
significantly reduce the private expenditures required to comply with
Federal regulations and provides that ``any new incremental costs
associated with new regulations shall, to the extent permitted by law,
be offset by the elimination of existing costs associated with at least
10 prior regulations.''
The Office of Management and Budget (OMB) has designated this
proposed rule a ``significant regulatory action,'' under section 3(f)
of Executive Order 12866, although not economically significant under
section 3(f)(1). Accordingly, the rule has been reviewed by OMB.
A determination of whether this proposed rule is considered
``regulatory'' or ``deregulatory'' under the requirements of Executive
Order 14192 will be made when any final rule in this rulemaking is
issued. See OMB's Memorandum ``Guidance Implementing Section 3 of
Executive Order 14192,'' titled `Unleashing Prosperity Through
Deregulation' (March 26, 2025).
1. Purpose of the Rule
Before the implementation of voluntary reporting, international
rail carriers did not transmit information to CBP for travelers on
board a train prior to arriving in or departing from the United States
at a port of entry (POE).\27\ As a result, information regarding train
passengers and crew was not provided to CBP in time to adequately and
accurately assess potential threats posed by individuals planning to
cross the U.S. border by train. CBP did receive an estimated time of
arrival for trains arriving in or departing from the United States and
carrying commercial cargo. This information was provided informally and
voluntarily.
---------------------------------------------------------------------------

\27\ For all subsequent mentions of ``rail carriers'' in this
section, CBP is referring only to rail carriers whose trains travel
internationally.
---------------------------------------------------------------------------

This lack of information resulted in a gap in national security
that terrorists and other criminals could exploit to cross the U.S.
border or transport weapons and contraband without detection.\28\ This
risk is increased for rail travel because other modes of travel, such
as by air and sea, generally require advance traveler information,
which CBP uses to identify potential threats from terrorists and other
criminals.
---------------------------------------------------------------------------

\28\ Examples are provided in section III.B.2, Need for
Rulemaking and Voluntary Program.
---------------------------------------------------------------------------

To mitigate this security gap, in 2005, CBP established a voluntary
reporting program in the rail environment that enables rail carriers to
transmit advance traveler information for trains crossing the U.S.
border. Since 2005, three passenger rail carriers transmitted advance
traveler information to CBP through the voluntary program; however,
only one rail carrier currently participates in the voluntary
program.\29\ No freight rail carriers have participated in the
voluntary program. CBP has been able to use the voluntarily transmitted
data to identify travelers who require additional vetting or inspection
and to identify violations of immigration, customs, agriculture, and
other laws prior to a train's arrival at the border while
simultaneously facilitating the international travel of legitimate
travelers by saving passengers and carriers time waiting at the border.
However, because transmission of advance traveler information is not
mandatory, not all rail carriers transmit this information and the
information they do transmit is not always valid, accurate, or timely.
Accordingly, the security gap is still present.
---------------------------------------------------------------------------

\29\ Two small passenger rail carriers ceased international
travel during the COVID-19 pandemic and neither have resumed
international rail travel since.
---------------------------------------------------------------------------

This proposed rule would further mitigate the risk to national
security by making the transmission of advance traveler information and
a notice of arrival or departure mandatory for all trains arriving in
or departing from the United States.
2. Costs and Benefits of Rule
In this regulatory impact analysis, CBP discusses the costs and
benefits that international rail carriers, passengers, and CBP would
experience with the implementation of this rule in qualitative, and
when possible, quantitative, and monetized terms. The period of
analysis for this proposed rule is from 2026 through 2030.
Additionally, rail carriers, passengers, and CBP have experienced costs
and benefits involving the voluntary reporting program since 2005.
Though not a result of this rule, CBP will also discuss the effects of
the voluntary reporting program for rail carriers and CBP. The
voluntary reporting program began in 2005, but quality CBP data on rail
carriers begins in 2012. Therefore, the period of the analysis of the
voluntary reporting program spans from 2012 to 2025. The effects of
this rule and the voluntary reporting period can be added together to
see the total effect of these two periods of analysis.
a. Costs
This rule would introduce new costs to both passenger rail carriers
and cargo rail carriers largely as a result of additional time
necessary to prepare, and transmit required information. The costs for
passenger rail carriers and cargo rail carriers will be discussed
separately as they experience different time burdens. CBP experiences
costs related to labor and research and development as a result of this
rule. CBP did not identify any new costs for passengers that would
result from this rule. CBP requests comment on any potential costs,
including any costs associated with changes in passenger behavior or
travel patterns, that would be borne by passengers as a result of this
rule.
i. International Passenger Rail Carriers
This rule would introduce costs to international passenger rail
carriers by requiring them to transmit a notice of arrival/departure no
later than 24 hours before arrival at the border and traveler
information (including both passenger and crew information) to CBP
before the train departs from the final station or stop to approach the
U.S. border.\30\ Before departing a station or stop en route to the
border, rail carriers would also be required to transmit amendments to
the transmitted traveler information if a person boards or disembarks
the train after the traveler manifest has been transmitted to CBP. CBP
requests comment on any other costs or changes to operations that would
be borne by international passenger rail carriers as a result of this
rule.
---------------------------------------------------------------------------

\30\ For the purposes of this analysis, ``traveler'' refers to
both the crew and passengers on board a train.
---------------------------------------------------------------------------

International passenger rail carriers have several options for how
they could record passenger data for the manifests. One option is for
rail carriers to record APIS information into an electronic spreadsheet
using programs that they are likely to already have access to or are
available for free. To transmit the traveler manifest to CBP, rail
carriers can take advantage of the free eAPIS web portal. International
passenger rail carriers already have computers, internet access,
software to record manifests, and may transmit manifests to CBP through
the free eAPIS web portal. CBP also plans to allow rail carriers to use
any CBP-approved application or system with manifest capabilities to
transmit traveler information directly from documents to CBP. CBP
believes that this proposed rule would require only minimal technology
costs for international passenger rail carriers because they already
have most resources needed to transmit a manifest and could take
advantage of the free eAPIS web portal.

[[Page 64851]]

International passenger rail carriers would experience costs
associated with the preparation and transmission of notices of arrival/
departure, passenger manifests, crew manifests, and amendments to
manifests. Based on its experience with the voluntary reporting
program, CBP believes passenger rail carriers would transmit crew
manifest information separately and prior to the transmission of
passenger manifest information. Accordingly, for the purpose of this
analysis, CBP estimated the costs associated with the collection and
submission of crew information separately from the costs associated
with the collection and submission of passenger manifests.
Under this rule, for each train intending to cross the U.S. border,
international passenger rail carriers would be required to transmit one
notice of arrival/departure and one arrival/departure manifest in all
cases. Additionally, international passenger rail carriers would be
required to submit amended manifests if any of the manifest information
changes after it is transmitted to CBP. Based on CBP's experience with
the voluntary program, CBP's Office of Field Operations (OFO) estimates
that an average of five amendments would be transmitted per passenger
train, due to passengers boarding or departing at stations or stops
along the route before the final approach to the border and after the
traveler information has been initially transmitted. CBP estimates the
total transmissions expected by multiplying the number of passenger
trains, shown in Table 1 by the number of notices of arrival/departure
(1), passenger manifests (1), crew manifests (1), and manifest
amendments (5).\31\ The estimated number of transmissions per calendar
year are shown in Table 2.
---------------------------------------------------------------------------

\31\ On March 11, 2020, the World Health Organization (WHO)
Director General characterized COVID-19 as a pandemic. See WHO, WHO
Director-General's opening remarks at the media briefing on COVID-
19--11 March 2020, <a href="https://www.who.int/director-general/speeches/detail/who-director-general-s-opening-remarks-at-the-media-briefing-on-covid-19---11-march-2020">https://www.who.int/director-general/speeches/detail/who-director-general-s-opening-remarks-at-the-media-briefing-on-covid-19---11-march-2020</a> (last accessed Jan. 31, 2022). On March
13, 2020, the President declared that the COVID-19 outbreak in the
United States constituted a national emergency. Proclamation No.
9994, 85 FR 15337 (Mar. 18, 2020) (Declaring a National Emergency
Concerning the Novel Coronavirus Disease (COVID-19) Outbreak). This
national emergency was terminated by joint resolution on April 10,
2023. Public Law 118-3, 137 Stat. 6 (Apr. 10, 2023). The outbreak of
COVID-19 and subsequent travel restrictions and requirements reduced
the number of trains crossing the U.S. border in the short run and
may have had an unknown impact in the long run. See DHS, Fact Sheet:
DHS Measures on the Border to Limit the Further Spread of
Coronavirus, <a href="https://www.dhs.gov/archive/news/2020/10/19/fact-sheet-dhs-measures-border-limit-further-spread-coronavirus">https://www.dhs.gov/archive/news/2020/10/19/fact-sheet-dhs-measures-border-limit-further-spread-coronavirus</a>. (last accessed
Feb. 18, 2026). Consequently, using historical growth rates and
figures from 2014-2019 to estimate train traffic does not reflect
any impacts from the COVID-19 pandemic. When this analysis was
initially prepared, it was not clear what level of reductions the
pandemic would have on future train traffic or train passenger
numbers or how CBP would estimate such an impact with any precision
given the available data. Therefore, passenger train and cargo train
projections CBP uses in this analysis are expected to be
overestimations for the period of the analysis, resulting in
potential overestimations of this rule's costs and benefits.

Table 1--Number of Trains Crossing the U.S. Border by Calendar Year
------------------------------------------------------------------------
Calendar year Passenger trains Cargo trains
------------------------------------------------------------------------
2012.............................. 3,445 71,517
2013.............................. 3,433 73,943
2014.............................. 3,468 73,532
2015.............................. 3,516 78,404
2016.............................. 3,550 76,300
2017.............................. 3,547 63,969
2018.............................. 3,580 66,292
2019.............................. 3,293 66,111
2020.............................. 597 60,435
2021.............................. 0 60,450
2022.............................. 422 62,958
2023.............................. 3,172 60,582
2024.............................. 2,817 61,797
2025.............................. 3,497 70,215
2026.............................. 3,497 70,215
2027.............................. 3,497 70,215
2028.............................. 3,497 70,215
2029.............................. 3,497 70,215
2030.............................. 3,497 70,215
------------------------------------------------------------------------
Source: Workbook: Border Crossing Data, <a href="https://explore.dot.gov/views/BorderCrossingData/Annual">https://explore.dot.gov/views/BorderCrossingData/Annual</a> BorderCrossingData/Annual, accessed April 22, 2025. CBP estimated
figures for 2012-2020 using train arrival data and train manifest data
of passenger rail carriers participating in the voluntary reporting
program. CBP estimated the figures for 2025-2030 using an average
number of passenger train crossings from 2015-2019 with an assumption
of 0% growth based on communication with CBP subject matter experts.
CBP does not track the number of passenger and cargo rail separately.
CBP assumes that all trains that arrive to the United States will also
depart the United States so the total rail traffic is double the
arrivals.

Table 2--Passenger Rail Manifest Transmissions
----------------------------------------------------------------------------------------------------------------
Notice of
Calendar year arrival/ Passenger Crew manifest Manifest Total
departure manifest amendments
----------------------------------------------------------------------------------------------------------------
2012............................ 0 2,899 2,253 0 5,152
2013............................ 0 2,910 2,550 0 5,460
2014............................ 0 2,914 2,550 0 5,464
2015............................ 0 2,902 1,882 0 4,784
2016............................ 0 2,918 2,069 0 4,987
2017............................ 0 2,915 2,925 0 5,840
2018............................ 0 2,936 2,505 0 5,441
2019............................ 0 2,753 2,409 0 5,162
2020............................ 0 401 591 0 992

[[Page 64852]]

2021............................ 0 0 0 0 0
2022............................ 0 421 417 0 838
2023............................ 0 2,421 2,419 0 4,840
2024............................ 0 2,685 2,692 0 5,377
2025............................ 0 2,862 2,344 0 5,206
2026............................ 3,497 3,497 3,497 17,485 27,976
2027............................ 3,497 3,497 3,497 17,485 27,976
2028............................ 3,497 3,497 3,497 17,485 27,976
2029............................ 3,497 3,497 3,497 17,485 27,976
2030............................ 3,497 3,497 3,497 17,485 27,976
----------------------------------------------------------------------------------------------------------------
Note: Manifest data from the APIS database for 2024 and earlier was provided by CBP OFO subject matter experts
on 8/26/2020, 5/13/2021, 6/8/2021, 3/19/2024, and 5/1/2025. Figures for 2025-2030 are based on an average of
passenger train crossings from 2015-2019 and an assumption of 0% growth based on communication with CBP OFO
subject matter experts. Train crossings include both arrivals and departures, combined.

CBP subject matter experts estimate preparing and transmitting an
advance notice of arrival/departure to take three minutes, a passenger
manifest to take ten minutes, a crew manifest to take three minutes,
and an amendment for a passenger manifest to take 30
seconds.<SUP>32 33</SUP>
---------------------------------------------------------------------------

\32\ The source for passenger manifest time burden is CBP's
Supporting Statement for Paperwork Reduction Act Submission for OMB
Control No. 1651-0088, Passenger and Crew Manifest for Passenger
Flights (Aug. 21, 2020), <a href="https://www.reginfo.gov/public/do/PRAViewDocument?ref_nbr=202201-1651-002">https://www.reginfo.gov/public/do/PRAViewDocument?ref_nbr=202201-1651-002</a> (last accessed Feb. 18,
2026). Other time burdens were provided by CBP subject matter
experts on Aug. 17, 2021.
\33\ Discussion of what is included in a Report of Arrival can
be found in Section III.B.1 and discussion of what is proposed to be
included in the Advance Notice of Arrival can be found in Section
IV.A-D of this rule.

Table 3--Passenger Rail Carrier Time Burden per Submission
[In minutes]
----------------------------------------------------------------------------------------------------------------
Passenger rail carriers
------------------------------------------------------
Pre-voluntary Proposed
program Voluntary program regulatory
baseline (participants only) requirements
----------------------------------------------------------------------------------------------------------------
Notice of Arrival/Departure.............................. 0 0 3
Passenger Manifest....................................... 0 10 10
Crew Manifest............................................ 0 3 3
Manifest Amendment....................................... 0.0 0.0 0.5
Time spent at border for processing...................... 60 30 30
----------------------------------------------------------------------------------------------------------------

Multiplying the annual time burdens in Table 4 by the estimated
wage rate for locomotive engineers ($54.19) results in the estimated
annual cost to international passenger rail carriers as shown in Table
5.\34\ The voluntary reporting program did not require nor request
trains to transmit a notice of arrival/departure or manifest amendments
so there were no costs for these transmissions for the duration of the
program.
---------------------------------------------------------------------------

\34\ U.S. Bureau of Labor Statistics. Occupational Employment
and Wage Statistics, ``May 2023 National Occupational Employment and
Wage Estimates United States.'' Updated April 3, 2024. Available at
<a href="https://www.bls.gov/oes/2023/may/oes_nat.htm">https://www.bls.gov/oes/2023/may/oes_nat.htm</a>. Accessed June 4, 2024.
The total compensation to wages and salaries ratio is equal to the
total compensation cost per hour worked for Transportation and
Material Moving occupations ($34.89) divided by the wages and
salaries cost per hour worked for the same occupation category
($23.99). See ``Table 2. Employer Costs for Employee Compensation
for civilian workers by occupational and industry group.'' Bureau of
Labor Statistics, ``Employer Costs for Employee Compensation--
December 2023.'' Released March 13, 2024. Available at <a href="https://www.bls.gov/news.release/archives/ecec_03132024.pdf">https://www.bls.gov/news.release/archives/ecec_03132024.pdf</a>. Accessed June
4, 2024. To adjust to 2024 dollars, multiply by the 2022 Q1--2024 Q1
percent change in the Bureau of Economic Analysis's Implicit Price
Deflators for Gross Domestic Product (124.203/107.668-1). See
``Table 1.1.9. Implicit Price Deflators for Gross Domestic
Product,'' Line 1 Gross Domestic Product, quarterly. Bureau of
Economic Analysis (updated May 30, 2024), available at <a href="https://apps.bea.gov/iTable/?reqid=19&step=2&isuri=1&categories=survey&_gl=1*175tbc1*_ga*MTEyNTU1Nzc4Ny4xNzE3NTEyMTUw*_ga_J4698JNNFT*MTcxOTQzMDIwNS4xLjEuMTcxOTQzMDIzMi4zMy4wLjA.#eyJhcHBpZCI6MTksInN0ZXBzIjpbMSwyLDNdLCJkYXRhIjpbWyJjYXRlZ29yaWVzIiwiU3VydmV5Il0sWyJOSVBBX1RhYmxlX0xpc3QiLCIxMyJdXX0=">https://apps.bea.gov/iTable/?reqid=19&step=2&isuri=1&categories=survey&_gl=1*175tbc1*_ga*MTEyNTU1Nzc4Ny4xNzE3NTEyMTUw*_ga_J4698JNNFT*MTcxOTQzMDIwNS4xLjEuMTcxOTQzMDIzMi4zMy4wLjA.#eyJhcHBpZCI6MTksInN0ZXBzIjpbMSwyLDNdLCJkYXRhIjpbWyJjYXRlZ29yaWVzIiwiU3VydmV5Il0sWyJOSVBBX1RhYmxlX0xpc3QiLCIxMyJdXX0=</a> (last
accessed June 4, 2024).

Table 4--Total Passenger Rail Time Burden
[In hours]
----------------------------------------------------------------------------------------------------------------
Notice of arrival/ Passenger Crew Manifest
Calendar year departure manifest manifests amendment Total
----------------------------------------------------------------------------------------------------------------
2012................................... 0 483 113 0 596
2013................................... 0 485 128 0 613
2014................................... 0 486 128 0 613
2015................................... 0 484 94 0 578

[[Page 64853]]

2016................................... 0 486 103 0 590
2017................................... 0 486 146 0 632
2018................................... 0 489 125 0 615
2019................................... 0 459 120 0 579
2020................................... 0 67 30 0 96
2021................................... 0 0 0 0 0
2022................................... 0 70 21 0 91
2023................................... 0 404 121 0 524
2024................................... 0 448 135 0 582
2025................................... 0 477 117 0 594
2026................................... 175 583 175 146 1,078
2027................................... 175 583 175 146 1,078
2028................................... 175 583 175 146 1,078
2029................................... 175 583 175 146 1,078
2030................................... 175 583 175 146 1,078
----------------------------------------------------------------------------------------------------------------
Note: Manifest data for 2024 and earlier were provided by CBP OFO subject matter experts on 8/26/2020, 5/13/
2021, 6/8/2021, 3/19/24, and 5/1/25. Figures for 2025-2030 are based on an average of passenger train
crossings from 2015-2019 and an assumption of 0% growth based on communication with CBP OFO subject matter
experts. Train crossings include both arrivals and departures combined.
Figures may not sum to total due to rounding.

Table 5--Passenger Rail Costs
[In undiscounted 2024 dollars]
----------------------------------------------------------------------------------------------------------------
Notice of arrival/ Passenger Crew Manifest
Calendar year departure manifest manifests amendment Total
----------------------------------------------------------------------------------------------------------------
2012................................... $0 $26,183 $6,105 $0 $32,287
2013................................... 0 26,282 6,909 0 33,191
2014................................... 0 26,318 6,909 0 33,228
2015................................... 0 26,210 5,099 0 31,309
2016................................... 0 26,354 5,606 0 31,960
2017................................... 0 26,327 7,925 0 34,253
2018................................... 0 26,517 6,787 0 33,304
2019................................... 0 24,864 6,527 0 31,391
2020................................... 0 3,622 1,601 0 5,223
2021................................... 0 0 0 0 0
2022................................... 0 3,802 1,130 0 4,932
2023................................... 0 21,866 6,554 0 28,420
2024................................... 0 24,250 7,294 0 31,544
2025................................... 0 25,852 6,350 0 32,202
2026................................... 9,475 31,584 9,475 7,896 58,430
2027................................... 9,475 31,584 9,475 7,896 58,430
2028................................... 9,475 31,584 9,475 7,896 58,430
2029................................... 9,475 31,584 9,475 7,896 58,430
2030................................... 9,475 31,584 9,475 7,896 58,430
2012-2025 average...................... 0 20,603 5,343 0 25,946
2026-2030 average...................... 9,475 31,584 9,475 7,896 58,430
----------------------------------------------------------------------------------------------------------------
Note: Manifest data for 2024 and earlier were provided by CBP OFO subject matter experts on 8/26/2020, 5/13/
2021, 6/8/2021, 3/19/24, and 5/1/25. Figures for 2025-2030 are based on an average of passenger train
crossings from 2015-2019 and an assumption of 0% growth based on communication with CBP OFO subject matter
experts. Train crossings include both arrivals and departures combined.
Figures may not sum to total due to rounding.

International passenger rail carriers may also experience costs
when required to call CBP related to document errors or CBP determining
that someone on a manifest would not be allowed to enter the United
States. CBP estimates that this could be required for one percent of
all rail passengers arriving in the United States and that total costs
to the industry would be less than $1,000 annually. CBP believes this
cost to be negligible due to the rarity of the occurrence and the
minimal time it would take to address issues. CBP requests comments on
this estimate.
ii. International Cargo Rail Carriers
International cargo rail carriers, like international passenger
rail carriers, can record APIS manifest information into an electronic
spreadsheet using programs that they are likely to already have access
to or that are available for free. To transmit the APIS manifest to
CBP, rail carriers can take advantage of the eAPIS web portal to which
a rail carrier can create a free account and upload an existing
spreadsheet of data. International cargo rail carriers already have
computers, internet access, software to record manifests, and may
transmit manifests to CBP through the free eAPIS web portal. CBP also
plans to allow rail carriers to use any CBP-approved application or
system with manifest capabilities to transmit traveler information
directly from documents to CBP.

[[Page 64854]]

CBP believes that this proposed rule would require only minimal
technology costs for international cargo rail carriers because they
already have most resources needed to transmit a manifest and could
take advantage of the free eAPIS web portal. International cargo rail
carriers would experience costs associated with the preparation and
transmission of notices of arrival/departure and arrival and departure
manifests for all travelers on board. The total transmissions expected
for each are assumed to be equal to the number of cargo trains shown in
Table 1. For the years 2026-2030, CBP estimates the number of
transmissions to be 70,215 annually. As previously stated, CBP
estimates preparing and transmitting a notice of arrival/departure to
take three minutes and a crew manifest to take three minutes.\35\ CBP
multiplied the respective time burdens of 3 minutes, or 0.05 hours, by
the number of transmissions results to estimate the total annual time
burden. CBP does not anticipate that cargo rail carriers will need to
submit manifest amendments because they typically only have a couple
crew members on-board and no passengers. Since no cargo rail carriers
participated in the voluntary reporting program, the annual time and
monetized cost for 2012-2025 are zero. The total expected time burden
for years 2026-2030 are shown in Table 7.
---------------------------------------------------------------------------

\35\ Cargo rail carriers may need to submit manifest amendments,
but CBP believes manifest amendments will be rare for cargo rail
carriers.

Table 6--Cargo Rail Time Burden per Submission
----------------------------------------------------------------------------------------------------------------
Cargo rail carriers
-------------------------------------------------
Time burden per submission (in minutes) Voluntary program Regulatory
Baseline (participants only) requirements
----------------------------------------------------------------------------------------------------------------
submit notice of arrival/departure............................ 0 0 3
Crew Manifests................................................ 0 3 3
----------------------------------------------------------------------------------------------------------------

Table 7--Cargo Rail Time Burden
[In hours]
----------------------------------------------------------------------------------------------------------------
Notice of arrival/ Crew
Calendar year departure manifests Total
----------------------------------------------------------------------------------------------------------------
2026............................................................... 3,511 3,511 7,022
2027............................................................... 3,511 3,511 7,022
2028............................................................... 3,511 3,511 7,022
2029............................................................... 3,511 3,511 7,022
2030............................................................... 3,511 3,511 7,022
----------------------------------------------------------------------------------------------------------------
Note: Figures for 2026-2030 are based on an average of train crossings from 2015-2019 and an assumption of 0%
growth based on communication with CBP subject matter experts.

CBP then multiplied the annual time burdens in Table 7 by the
estimated wage rate for locomotive engineers ($54.19), resulting in the
estimated annual cost to international cargo rail carriers as shown in
Table 8.

Table 8--Cargo Rail Costs
[In undiscounted 2024 dollars]
----------------------------------------------------------------------------------------------------------------
Notice of arrival/ Crew
Calendar year departure manifests Total
----------------------------------------------------------------------------------------------------------------
2026............................................................... $190,248 $190,248 $380,495
2027............................................................... 190,248 190,248 380,495
2028............................................................... 190,248 190,248 380,495
2029............................................................... 190,248 190,248 380,495
2030............................................................... 190,248 190,248 380,495
----------------------------------------------------------------------------------------------------------------
Note: Figures for 2026-2030 are based on an average of train crossings from 2015-2019 and an assumption of 0%
growth based on communication with CBP subject matter experts.
Figures may not sum to total due to rounding.

iii. CBP
CBP experiences costs related to labor and research and development
as a result of this rule. Research and development of systems required
to accommodate the transmission of information by rail carriers
resulted in an initial cost to CBP of $2,039,255 in 2012 and annual
costs of $611,766 for four years after for a five-year total cost of
$4,486,319 for research and development. CBP does not expect additional
research and development costs as a result of the rule.
During the voluntary reporting program, CBP subject matter experts
report that a CBP officer took approximately ten minutes on average to
perform initial vetting and approve a train to approach the border for
each passenger train which had transmitted manifest information for
travelers on board the train prior to arrival at the border.\36\ This
is a new time burden resulting from the implementation of the voluntary
reporting program and will continue as part of this rule. This time
burden is offset by time saved at the border which is addressed later
in the analysis. CBP estimated the annual

[[Page 64855]]

time burden of initial vetting as a result of the voluntary reporting
program and this rule by multiplying the time burden per passenger
train (ten minutes) by the annual number of passenger trains arriving
or departing with a manifest transmitted in advance (Table 9).
---------------------------------------------------------------------------

\36\ CBP OFO subject matter expert time estimates provided on
Aug. 17, 2021.
---------------------------------------------------------------------------

CBP estimates the time burden to perform an initial vetting and
approve a cargo train to approach the border to be on average five
minutes.\37\ CBP estimated the annual time burden of initial vetting
for cargo trains by multiplying the time burden per cargo train (five
minutes) by the annual number of cargo trains arriving or departing
with a manifest transmitted in advance (Table 10). No cargo train
carriers transmitted crew manifests as part of the voluntary reporting
program but would be required to transmit manifests for all travelers
on board, including all crew, as a result of this rule. CBP's total
time burden for performing initial vetting for both passenger trains
and cargo trains is shown in Table 11.
---------------------------------------------------------------------------

\37\ CBP OFO subject matter expert time estimate provided on
June 8, 2020.

Table 9--Manifested and Unmanifested Passenger Trains
----------------------------------------------------------------------------------------------------------------
Arriving Departing
Calendar year Arriving with without Departing with without
manifest manifest manifest manifest
----------------------------------------------------------------------------------------------------------------
2012............................................ 1,450 273 1,449 273
2013............................................ 1,455 261 1,456 261
2014............................................ 1,460 277 1,454 277
2015............................................ 1,450 307 1,452 307
2016............................................ 1,457 316 1,461 316
2017............................................ 1,467 311 1,458 311
2018............................................ 1,467 322 1,469 322
2019............................................ 1,358 270 1,395 270
2020............................................ 268 0 329 0
2021............................................ 0 0 0 0
2022............................................ 211 0 211 0
2023............................................ 1,211 373 1,215 373
2024............................................ 1,348 62 1,345 62
2025............................................ 1,440 309 1,447 302
2026............................................ 1,749 0 1,749 0
2027............................................ 1,749 0 1,749 0
2028............................................ 1,749 0 1,749 0
2029............................................ 1,749 0 1,749 0
2030............................................ 1,749 0 1,749 0
----------------------------------------------------------------------------------------------------------------
Note: Manifest data for 2024 and earlier were provided by CBP OFO subject matter experts on 8/26/2020, 5/13/
2021, 6/8/2021, 3/19/24, and 5/1/25. Figures for 2025-2030 are based on an average of passenger train
crossings from 2015-2019 and an assumption of 0% growth based on communication with CBP OFO subject matter
experts. Train crossings include both arrivals and departures combined.

Table 10--Manifested and Unmanifested Cargo Trains
----------------------------------------------------------------------------------------------------------------
Arriving Departing
Calendar year Arriving with without Departing with without
manifest manifest manifest manifest
----------------------------------------------------------------------------------------------------------------
2012............................................ 0 35,758 0 35,759
2013............................................ 0 36,972 0 36,971
2014............................................ 0 36,763 0 36,769
2015............................................ 0 39,203 0 39,201
2016............................................ 0 38,152 0 38,148
2017............................................ 0 31,980 0 31,989
2018............................................ 0 33,147 0 33,145
2019............................................ 0 33,074 0 33,037
2020............................................ 0 30,248 0 30,187
2021............................................ 0 30,225 0 30,225
2022............................................ 0 31,479 0 31,479
2023............................................ 0 30,293 0 30,289
2024............................................ 0 30,897 0 30,900
2025............................................ 0 35,108 0 35,107
2026............................................ 35,108 0 35,107 0
2027............................................ 35,108 0 35,107 0
2028............................................ 35,108 0 35,107 0
2029............................................ 35,108 0 35,107 0
2030............................................ 35,108 0 35,107 0
----------------------------------------------------------------------------------------------------------------
Note: Manifest data for 2024 and earlier were provided by CBP OFO subject matter experts on 8/26/2020, 5/13/
2021, 6/8/2021, 3/19/24, and 5/1/25. Figures for 2025-2030 are based on an average of train crossings from
2015-2019 and an assumption of 0% growth based on communication with CBP OFO subject matter experts. Train
crossings include both arrivals and departures combined.

[[Page 64856]]

Table 11--Annual CBP Time Burden for Initial Vetting of Manifested Trains
[In hours]
----------------------------------------------------------------------------------------------------------------
Passenger trains Cargo trains
Calendar year ----------------------------------------------------------------- Total time
Arrivals Departures Arrivals Departures
----------------------------------------------------------------------------------------------------------------
2012........................... 242 242 0 0 483
2013........................... 243 243 0 0 485
2014........................... 243 242 0 0 486
2015........................... 242 242 0 0 484
2016........................... 243 244 0 0 486
2017........................... 245 243 0 0 488
2018........................... 245 245 0 0 489
2019........................... 226 233 0 0 459
2020........................... 45 55 0 0 100
2021........................... 0 0 0 0 0
2022........................... 35 35 0 0 70
2023........................... 202 203 0 0 404
2024........................... 225 224 0 0 449
2025........................... 240 241 0 0 481
2026........................... 291 291 2,926 2,926 6,434
2027........................... 291 291 2,926 2,926 6,434
2028........................... 291 291 2,926 2,926 6,434
2029........................... 291 291 2,926 2,926 6,434
2030........................... 291 291 2,926 2,926 6,434
----------------------------------------------------------------------------------------------------------------
Note: Figures for 2025-2030 are based on an average of train crossings from 2015-2019 and an assumption of 0%
growth based on communication with CBP subject matter experts.
Figures may not sum to total due to rounding.

CBP monetized annual CBP costs for initial vetting by multiplying
the annual time burden by the wage rate of a CBP officer ($99.33 per
hour).\38\ The total annual cost of initial vetting is shown in Table
12.
---------------------------------------------------------------------------

\38\ CBP bases this wage on the FY 2024 salary and benefits of
the national average of CBP Officer Positions, which is equal to a
GS-11, Step 10. Source: CBP Office of Finance, Position Model.

Table 12--Annual Monetized CBP Cost for Initial Vetting of Manifested Trains
[In undiscounted 2024 dollars]
----------------------------------------------------------------------------------------------------------------
Passenger trains Cargo trains
Calendar year ----------------------------------------------------------------- Total cost
Arrivals Departures Arrivals Departures
----------------------------------------------------------------------------------------------------------------
2012........................... $24,004 $23,987 $0 $0 $47,991
2013........................... 24,087 24,103 0 0 48,190
2014........................... 24,169 24,070 0 0 48,239
2015........................... 24,004 24,037 0 0 48,041
2016........................... 24,120 24,186 0 0 48,305
2017........................... 24,285 24,136 0 0 48,421
2018........................... 24,285 24,318 0 0 48,603
2019........................... 22,481 23,093 0 0 45,574
2020........................... 4,437 5,446 0 0 9,883
2021........................... 0 0 0 0 0
2022........................... 3,493 3,493 0 0 6,986
2023........................... 20,047 20,113 0 0 40,161
2024........................... 22,315 22,266 0 0 44,581
2025........................... 23,835 23,954 0 0 47,789
2026........................... 28,945 28,945 290,594 290,586 639,071
2027........................... 28,945 28,945 290,594 290,586 639,071
2028........................... 28,945 28,945 290,594 290,586 639,071
2029........................... 28,945 28,945 290,594 290,586 639,071
2030........................... 28,945 28,945 290,594 290,586 639,071
----------------------------------------------------------------------------------------------------------------
Note: Figures for 2025-2030 are based on an average of train crossings from 2015-2019 and an assumption of 0%
growth based on communication with CBP subject matter experts.
Figures may not sum to total due to rounding.

CBP then adds the annual costs for initial security vetting to the
costs of research and development to prepare the APIS system for rail
which results in the total cost to CBP. The total annual costs of this
rule for CBP are shown in Table 13.

[[Page 64857]]

Table 13--Total Annual Monetized CBP Cost
[In undiscounted 2024 dollars]
----------------------------------------------------------------------------------------------------------------
Initial
Calendar year security Research and Total costs
vetting development
----------------------------------------------------------------------------------------------------------------
2012............................................................ $47,991 $2,039,255 $2,087,246
2013............................................................ 48,190 611,766 659,956
2014............................................................ 48,239 611,766 660,005
2015............................................................ 48,041 611,766 659,807
2016............................................................ 48,305 611,766 660,071
2017............................................................ 48,421 .............. 48,421
2018............................................................ 48,603 .............. 48,603
2019............................................................ 45,574 .............. 45,574
2020............................................................ 9,883 .............. 9,883
2021............................................................ 0 .............. 0
2022............................................................ 6,986 .............. 6,986
2023............................................................ 40,161 .............. 40,161
2024............................................................ 44,581 .............. 44,581
2025............................................................ 47,789 .............. 47,789
2026............................................................ 639,071 .............. 639,071
2027............................................................ 639,071 .............. 639,071
2028............................................................ 639,071 .............. 639,071
2029............................................................ 639,071 .............. 639,071
2030............................................................ 639,071 .............. 639,071
2012-2025 average............................................... 38,055 320,451 358,506
2026-2030 average............................................... 639,071 .............. 639,071
----------------------------------------------------------------------------------------------------------------
Note: Figures for 2025-2030 are based on an average of passenger train crossings from 2015-2019 and an
assumption of 0% growth based on communication with CBP subject matter experts.
Figures may not sum to total due to rounding.

iv. Summary of Costs
Using the data in Table 5, CBP estimates that passenger rail
carriers experienced an average undiscounted annual cost of $25,946
during the voluntary reporting program between 2012 and 2025 and are
expected to experience an average undiscounted annual cost of $58,430
in years 2026-2030 as a result of this rule compared to a baseline of
no rule or voluntary reporting program.\39\ Using data from Table 8,
Cargo rail carriers are expected to experience an average undiscounted
annual cost of $380,495 as a result of this rule. Cargo rail carriers
experienced no costs as a result of the voluntary reporting period
because they did not participate. CBP does not anticipate passengers to
experience any costs as a result of this rule because CBP assumes the
information required by this rule is already provided by passengers to
either CBP or rail carriers. During the voluntary reporting program,
CBP experienced an average undiscounted annual cost of $38,055 as a
result of the initial vetting. Between 2012 and 2016, CBP also
experienced total research and development costs of $4,486,319 for
systems to implement this program. CBP expects the average annual cost
attributed to initial vetting to increase to an undiscounted $639,071
as a result of this rule compared to a baseline of no voluntary
reporting program. CBP does not expect additional research and
development costs.
---------------------------------------------------------------------------

\39\ The average undiscounted annual cost for passenger rail
carriers between 2012 and 2019 is $32,615.
---------------------------------------------------------------------------

In Table 14 below, the discounted costs are shown for passenger
rail carriers, cargo rail carriers, and CBP, expected as a result of
this proposed rule. Passenger rail carriers would be expected to
experience a total cost from 2026 to 2030 of $259,798 and $223,901
using a 3-percent and 7-percent discount rate respectively and
annualized costs of $58,430. From 2026 to 2030, cargo rail carriers
would be expected to experience a total cost of $1,691,802 and
$1,458,042 using a 3-percent and 7-percent discount rate respectively
and annualized costs $380,495. CBP would be expected to experience a
total cost of $2,841,511 and $2,488,894 using a 3-percent and 7-percent
discount rate respectively and annualized costs of $639,071.

Table 14--Summary of Discounted Costs of Rule
----------------------------------------------------------------------------------------------------------------
Passenger rail carriers Cargo rail carriers CBP
-------------------------------------------------------------------------
Calendar year 3% 3% 3% 7%
discount 7% discount discount 7% discount discount discount
rate rate rate rate rate rate
----------------------------------------------------------------------------------------------------------------
2026.................................. $55,076 $51,035 $358,653 $332,339 $602,385 $558,189
2027.................................. 53,472 47,696 348,207 310,597 584,840 521,672
2028.................................. 51,914 44,576 338,065 290,278 567,806 487,544
2029.................................. 50,402 41,660 328,218 271,288 551,268 455,649
2030.................................. 48,934 38,934 318,659 253,540 535,212 425,840
-------------------------------------------------------------------------

[[Page 64858]]

Total............................. 259,798 223,901 1,691,802 1,458,042 2,841,511 2,448,894
-------------------------------------------------------------------------
Annualized Cost................... 58,430 58,430 380,495 380,495 639,071 639,071
----------------------------------------------------------------------------------------------------------------
Note: Figures for 2026-2030 are based on an average of train crossings from 2015-2019 and an assumption of 0%
growth based on communication with CBP subject matter experts.
Figures may not sum to total due to rounding.

In Table 15 below, the discounted costs are shown for passenger
rail carriers, cargo rail carriers, and CBP relating to the voluntary
reporting period that has been active since 2005. Passenger rail
carriers experienced a total cost from 2012 to 2025 of $439,448 and
$573,971 using a 3-percent and 7-percent discount rate respectively.
CBP experienced total costs of $6,794,793 and $10,103,253 using a 3-
percent and 7-percent discount rate respectively. From 2012 to 2025,
cargo rail carriers experienced no costs as they did not participate in
the voluntary reporting period.

Table 15--Summary of Discounted Costs of Voluntary Reporting Period
[2012-2025]
----------------------------------------------------------------------------------------------------------------
Passenger rail carriers CBP Total
-------------------------------------------------------------------------
Calendar year 3% 3% 3% 7%
discount 7% discount discount 7% discount discount discount
rate rate rate rate rate rate
----------------------------------------------------------------------------------------------------------------
2012.................................. $46,034 $72,717 $2,975,914 $4,700,878 $3,021,948 $4,773,595
2013.................................. 45,945 69,863 913,533 1,389,109 959,478 1,458,972
2014.................................. 44,655 65,364 886,992 1,298,330 931,647 1,363,694
2015.................................. 40,851 57,561 860,898 1,213,028 901,749 1,270,588
2016.................................. 40,486 54,914 836,159 1,134,126 876,645 1,189,040
2017.................................. 42,126 55,002 59,552 77,754 101,679 132,756
2018.................................. 39,767 49,981 58,035 72,941 97,802 122,921
2019.................................. 36,391 44,028 52,833 63,920 89,224 107,948
2020.................................. 5,879 6,846 11,123 12,954 17,002 19,801
2021.................................. 0 0 0 0 0 0
2022.................................. 5,233 5,647 7,411 7,998 12,644 13,645
2023.................................. 29,273 30,409 41,366 42,972 70,638 73,381
2024.................................. 31,544 31,544 44,581 44,581 76,125 76,125
2025.................................. 31,264 30,096 46,397 44,663 77,661 74,758
-------------------------------------------------------------------------
Total............................. 439,448 573,971 6,794,793 10,103,253 7,234,241 10,677,224
-------------------------------------------------------------------------
Annualized Cost................... 26,491 27,234 409,605 479,390 436,095 506,624
----------------------------------------------------------------------------------------------------------------
Note: Figures for 2026-2030 are based on an average of train crossings from 2015-2019 and an assumption of 0%
growth based on communication with CBP subject matter experts.
Figures may not sum to total due to rounding.

b. Benefits
When international rail carriers provide advance notice of arrival,
departure, and manifest information for travelers, as would be required
by this proposed rule, CBP would be able to perform initial vetting of
the individuals crossing the U.S. border by train and allow for
additional security vetting. This additional vetting would
significantly reduce the wait times at the border for passenger rail
carriers and passengers while increasing security for passenger rail
carriers, cargo rail carriers, and passengers. CBP would also benefit
from the reduced time burden at the border. Benefits are discussed
using a baseline of no voluntary reporting program or rule.
i. International Passenger Rail Carriers--Crew
Upon implementation of this rule, passenger rail carriers would see
a reduction in the time spent waiting at the border for CBP to process
travelers. CBP OFO estimates that approximately one percent of
departing passenger trains are held at the border for inspection; all
arriving passenger trains are held for inspection.\40\ According to
CBP's Office of Field Operations (OFO), passenger trains that did not
transmit a passenger or crew manifest before arriving in or departing
from the United States could expect to have a one hour wait at the port
of entry while CBP officers work to process all the travelers for entry
or exit. CBP expects the advance transmission of crew and passenger
manifest information, as described in this rule, would reduce the

[[Page 64859]]

wait at the border by half an hour on average.\41\
---------------------------------------------------------------------------

\40\ CBP OFO subject matter experts provided this estimate on
May 26, 2020.
\41\ CBP OFO subject matter experts provided this estimate on
Feb. 27, 2020.
---------------------------------------------------------------------------

To estimate the time savings for passenger rail crew, CBP first
used manifest data from the voluntary program to obtain the number of
crew on a passenger train in years 2012-2025 and found the average
number of crew in those years to be 4.46 per passenger train. CBP then
multiplied 4.46 by the number of estimated passenger rail manifest
transmissions (Table 2) in years 2026-2030, to estimate the total
number of crew in those years (Table 16).

Table 16--Annual Manifested Passenger Train Crew Processed
----------------------------------------------------------------------------------------------------------------
Calendar year Arrivals Departures Total
----------------------------------------------------------------------------------------------------------------
2012............................................................ 6,107 60 6,167
2013............................................................ 6,345 71 6,416
2014............................................................ 6,514 70 6,584
2015............................................................ 4,830 42 4,872
2016............................................................ 6,139 57 6,196
2017............................................................ 10,158 75 10,233
2018............................................................ 8,848 65 8,913
2019............................................................ 9,161 92 9,253
2020............................................................ 2,005 22 2,027
2021............................................................ 0 0 0
2022............................................................ 1,047 8 1,055
2023............................................................ 7,256 54 7,310
2024............................................................ 5,116 60 5,176
2025............................................................ 7,827 66 7,893
2026............................................................ 14,812 148 14,960
2027............................................................ 14,812 148 14,960
2028............................................................ 14,812 148 14,960
2029............................................................ 14,812 148 14,960
2030............................................................ 14,812 148 14,960
----------------------------------------------------------------------------------------------------------------
Note: Manifest data from the APIS database for 2024 and earlier was provided by CBP OFO subject matter experts
on 8/26/2020, 5/13/2021, 6/8/2021, 3/19/2024, and 5/1/2025.
Figures for 2025-2030 are based on an average of passenger train crossings from 2015-2019 and an assumption of
0% growth based on communication with CBP subject matter experts.

To estimate the annual time savings for arriving and departing
passenger rail carriers as a result of this rule, CBP multiplied the
time savings per passenger train (0.5 hours) by the number of passenger
train crew arriving or departing with manifests (Table 16). The total
estimated person-hours saved are shown in Table 17.

Table 17--Annual Passenger Train Crew Person-Hours Saved at Border
----------------------------------------------------------------------------------------------------------------
Calendar year Arrivals Departures Total
----------------------------------------------------------------------------------------------------------------
2012............................................................ 3,054 30 3,084
2013............................................................ 3,173 36 3,208
2014............................................................ 3,257 35 3,292
2015............................................................ 2,415 21 2,436
2016............................................................ 3,070 29 3,098
2017............................................................ 5,079 38 5,117
2018............................................................ 4,424 33 4,457
2019............................................................ 4,581 46 4,627
2020............................................................ 1,003 11 1,014
2021............................................................ 0 0 0
2022............................................................ 524 4 528
2023............................................................ 3,628 27 3,655
2024............................................................ 2,558 30 2,588
2025............................................................ 3,914 33 3,947
2026............................................................ 7,406 74 7,480
2027............................................................ 7,406 74 7,480
2028............................................................ 7,406 74 7,480
2029............................................................ 7,406 74 7,480
2030............................................................ 7,406 74 7,480
----------------------------------------------------------------------------------------------------------------
Note: Figures for 2025-2030 are based on an average of passenger train crossings from 2015-2019 and an
assumption of 0% growth based on communication with CBP subject matter experts.
Figures may not sum to total due to rounding.

CBP then estimated the total monetized benefits for crew of
passenger rail carriers by multiplying the person-hours saved (Table
17) by the estimated hourly wage rate. CBP understands that there are
typically several employees of various roles on any passenger train but
due to a lack of information regarding their positions

[[Page 64860]]

and wage rates, CBP uses the locomotive engineer wage rate ($54.19) for
these employees to estimate the benefits for passenger rail carriers.
The total monetized benefits for passenger rail carriers can be found
in Table 18.

Table 18--Monetized Passenger Train Carrier Benefits
----------------------------------------------------------------------------------------------------------------
Calendar year Arrivals Departures Total
----------------------------------------------------------------------------------------------------------------
2012............................................................ $165,469 1,626 167,095
2013............................................................ 171,918 1,924 173,842
2014............................................................ 176,497 1,897 178,393
2015............................................................ 130,869 1,138 132,007
2016............................................................ 166,336 1,544 167,881
2017............................................................ 275,231 2,032 277,263
2018............................................................ 239,737 1,761 241,498
2019............................................................ 248,217 2,493 250,710
2020............................................................ 54,325 596 54,922
2021............................................................ 0 0 0
2022............................................................ 28,368 217 28,585
2023............................................................ 196,601 1,463 198,064
2024............................................................ 138,618 1,626 140,244
2025............................................................ 212,078 1,794 213,872
2026............................................................ 401,331 4,010 405,341
2027............................................................ 401,331 4,010 405,341
2028............................................................ 401,331 4,010 405,341
2029............................................................ 401,331 4,010 405,341
2030............................................................ 401,331 4,010 405,341
2012-2025 average............................................... 157,447 1,436 158,884
2026-2030 average............................................... 401,331 4,010 405,341
----------------------------------------------------------------------------------------------------------------
Note: Figures for 2025-2030 are based on an average of passenger train crossings from 2015-2019 and an
assumption of 0% growth based on communication with CBP subject matter experts.
Note: Figures may not sum to total due to rounding.

ii. International Rail Passengers
Passengers traveling internationally by rail would experience a
shorter wait at the U.S. border as a result of this rule because CBP
can perform the initial vetting before the train arrives at the border.
To determine the time saved for all passengers shown in Table 20, CBP
multiplied the wait time saved per passenger train (0.5 hours) by the
number of passengers processed at the U.S. border on passenger trains
for which a manifest has been transmitted to CBP, shown in Table
19.\42\ CBP then multiplied the hourly wage rate for all-purpose rail
travelers ($70.45) by the total time saved in Table 20 to monetize the
savings passengers would experience as a result of this rule as shown
in Table 21.\43\
---------------------------------------------------------------------------

\42\ CBP OFO subject matter experts estimate for passenger time
savings provided on Sept. 28, 2020.
\43\ CBP estimated the passenger wage rate ($70.45) using the
weighted average of personal travel and business travel by high-
speed rail (($51.50 * 40.4%) + ($83.30 * 59.6%)). Source for the
passenger wage rate: U.S. Department of Transportation, Office of
Transportation Policy. Benefit-Cost Analysis Guidance for
Discretionary Grant Programs, ``Table A-2: Value of Travel Time
Savings.'' November 2024. Available at: <a href="https://www.transportation.gov/sites/dot.gov/files/2024-11/Benefit%20Cost%20Analysis%20Guidance%202025%20Update%20%28Final%29.pdf">https://www.transportation.gov/sites/dot.gov/files/2024-11/Benefit%20Cost%20Analysis%20Guidance%202025%20Update%20%28Final%29.pdf</a>. Original DOT policy is available at <a href="https://www.transportation.gov/sites/dot.gov/files/docs/2016%20Revised%20Value%20of%20Travel%20Time%20Guidance.pdf">https://www.transportation.gov/sites/dot.gov/files/docs/2016%20Revised%20Value%20of%20Travel%20Time%20Guidance.pdf</a>. Accessed
June 17, 2024. U.S. Bureau of Labor Statistics. Occupational
Employment and Wage Statistics, ``May 2023 National Occupational
Employment and Wage Estimates United States.'' Updated April 3,
2024. Available at <a href="https://www.bls.gov/oes/2023/may/oes_nat.htm">https://www.bls.gov/oes/2023/may/oes_nat.htm</a>.
Accessed June 4, 2024. ``Table 2. Employer Costs for Employee
Compensation for civilian workers by occupational and industry
group.'' Bureau of Labor Statistics, ``Employer Costs for Employee
Compensation--December 2023.'' Released March 13, 2024. Available at
<a href="https://www.bls.gov/news.release/archives/ecec_03132024.pdf">https://www.bls.gov/news.release/archives/ecec_03132024.pdf</a>.
Accessed June 4, 2024. CBP assumes the 2023 passenger wage rate
calculated above is equal to the 2024 passenger wage rate.

Table 19--Annual Manifested Train Passengers Processed at Border
----------------------------------------------------------------------------------------------------------------
Calendar year Arrivals Departures Total
----------------------------------------------------------------------------------------------------------------
2012............................................................ 177,259 1,343 178,602
2013............................................................ 171,911 1,356 173,267
2014............................................................ 154,391 1,343 155,734
2015............................................................ 156,732 1,375 158,107
2016............................................................ 160,228 1,414 161,642
2017............................................................ 157,751 1,358 159,109
2018............................................................ 147,704 1,336 149,040
2019............................................................ 122,059 1,178 123,237
2020............................................................ 13,605 48 13,653
2021............................................................ 0 0 0
2022............................................................ 16,176 125 16,301
2023............................................................ 128,027 1,099 129,126
2024............................................................ 115,875 1,362 117,237
2025............................................................ 148,895 1,332 150,227
2026............................................................ 229,665 2,297 231,962
2027............................................................ 229,665 2,297 231,962
2028............................................................ 229,665 2,297 231,962
2029............................................................ 229,665 2,297 231,962

[[Page 64861]]

2030............................................................ 229,665 2,297 231,962
----------------------------------------------------------------------------------------------------------------
Note: Figures for 2025-2030 are based on an average of passenger train crossings from 2015-2019 and an
assumption of 0% growth based on communication with CBP subject matter experts.

Table 20--Annual Passenger Time Saved at Border
[In hours]
----------------------------------------------------------------------------------------------------------------
Total time
Calendar year Arrivals Departures saved
----------------------------------------------------------------------------------------------------------------
2012............................................................ 88,630 672 89,301
2013............................................................ 85,956 678 86,634
2014............................................................ 77,196 672 77,867
2015............................................................ 78,366 688 79,054
2016............................................................ 80,114 707 80,821
2017............................................................ 78,876 679 79,555
2018............................................................ 73,852 668 74,520
2019............................................................ 61,030 589 61,619
2020............................................................ 6,803 24 6,827
2021............................................................ 0 0 0
2022............................................................ 8,088 63 8,151
2023............................................................ 64,014 550 64,563
2024............................................................ 57,938 681 58,619
2025............................................................ 74,447 666 75,114
2026............................................................ 114,833 1,149 115,981
2027............................................................ 114,833 1,149 115,981
2028............................................................ 114,833 1,149 115,981
2029............................................................ 114,833 1,149 115,981
2030............................................................ 114,833 1,149 115,981
----------------------------------------------------------------------------------------------------------------
Note: Figures for 2025-2030 are based on an average of passenger train crossings from 2015-2019 and an
assumption of 0% growth based on communication with CBP subject matter experts.

Table 21--Annual Monetized Passenger Savings at Border
----------------------------------------------------------------------------------------------------------------
Calendar year Arrivals Departures Total savings
----------------------------------------------------------------------------------------------------------------
2012......................................................... $6,243,948 $47,307 $6,291,255
2013......................................................... 6,055,565 47,765 6,103,330
2014......................................................... 5,438,423 47,307 5,485,730
2015......................................................... 5,520,885 48,434 5,569,319
2016......................................................... 5,644,031 49,808 5,693,839
2017......................................................... 5,556,779 47,836 5,604,615
2018......................................................... 5,202,873 47,061 5,249,934
2019......................................................... 4,299,528 41,495 4,341,023
2020......................................................... 479,236 1,691 480,927
2021......................................................... 0 0 0
2022......................................................... 569,800 4,403 574,203
2023......................................................... 4,509,751 38,712 4,548,463
2024......................................................... 4,081,697 47,976 4,129,673
2025......................................................... 5,244,819 46,927 5,291,746
2026......................................................... 8,089,950 80,912 8,170,861
2027......................................................... 8,089,950 80,912 8,170,861
2028......................................................... 8,089,950 80,912 8,170,861
2029......................................................... 8,089,950 80,912 8,170,861
2030......................................................... 8,089,950 80,912 8,170,861
2012-2025 average............................................ 4,203,381 36,909 4,240,290
2026-2030 average............................................ 8,089,950 80,912 8,170,861
----------------------------------------------------------------------------------------------------------------
Note: Figures for 2025-2030 are based on an average of passenger train crossings from 2015-2019 and an
assumption of 0% growth based on communication with CBP subject matter experts.
Figures may not sum to total due to rounding.

iii. International Cargo Rail Carriers
International cargo trains typically cross the border multiple
times per day with the same crew aboard. Due to this unique
circumstance, CBP subject matter experts believe that international
cargo rail carriers would see some time savings as a result of this
rule. Currently, the crew of cargo trains must bring a cargo train to a
complete stop in order for CBP to inspect the crew on either arrival or
departure. The crew then must restart the train's motion, which is a
time-consuming process. Under this rule, because CBP would have crew
information prior to arrival at the border and likely would have
already processed the crew previously

[[Page 64862]]

that day, CBP could perform the crew inspection while the train is
moving slowly, as opposed to at a complete stop. To the extent that
this saves cargo rail carriers time at the border, the benefits to
cargo rail carriers would be higher than reported in this analysis. CBP
does not currently have quantitative estimate of this time savings and
requests comment on this subject.
iv. Security Benefits
Passengers, passenger rail carriers, cargo rail carriers, and the
general public would all benefit from the increased security that would
result from this proposed rule. By allowing CBP the time to perform an
initial vetting before the train arrives at the border, CBP can provide
instruction regarding the clearance of each passenger.\44\ In 2008, a
Canadian citizen was apprehended by CBP and refused entry after an
exact Terrorist Screening Dataset (previously known as the Terrorist
Screening Database) match on an APIS manifest.\45\ The traveler
manifest data, provided as part of the voluntary reporting program,
allowed CBP officers the time to research the individual extensively
and check the manifest for any potential co-travelers of the
individual. CBP also checked service records and open sources to find
as much information on the individual before the arrival of the train.
Security benefits remain unquantified in this analysis. As a result of
this rule, CBP will be able to perform the same level of vetting for
all travelers arriving or departing the U.S. border by train, as CBP
currently does for air and sea.
---------------------------------------------------------------------------

\44\ This is the same as for other modes of transportation that
already submit advance passenger data, such as commercial aircraft,
private aircraft, and vessels. For example, for commercial aircraft,
air carriers typically follow CBP's recommendations but if they
transport an alien who CBP determines is inadmissible, the carrier
may be required to pay for transporting the inadmissible alien out
of the United States and be subject to fines. See, e.g., INA 231(c),
(d) (8 U.S.C. 1221(c), (d)); INA 273(a)(1), (b) (8 U.S.C.
1323(a)(1), (b)).
\45\ Information provided by CBP subject matter experts on March
9, 2020. For more examples see section III.B.2, Need for Rulemaking
and Voluntary Program.
---------------------------------------------------------------------------

v. CBP
CBP OFO reports that it currently takes approximately one hour for
six CBP officers to process an average passenger train (six person-
hours) and five minutes for an average cargo train at the border if no
passenger or crew manifest was received beforehand and no initial
vetting was possible. While cargo trains are expected to see only a
negligible decrease in processing time with this rule, time may be
saved from reducing the time spent decelerating the train to a full
stop and then bringing the train back up to speed. Data from the
voluntary reporting program shows that this rule can reduce the time
burden to process a passenger train to half an hour for four CBP
officers (two person-hours). Multiplying the time saved per train (four
person-hours) by the number of manifested trains processed per year
from Table 9 yields the total time saved by CBP annually and is shown
in Table 22. Similar to the passenger savings section, while the CBP
time savings applies to inspections of all arriving trains, only a
portion of departing trains results in savings for CBP. For departing
trains, CBP OFO estimates that one percent of departing passenger
trains are held at the border for inspection by CBP. To monetize this
savings, the time saved is multiplied by the fully loaded wage rate for
a CBP officer ($99.33) and the results are shown in Table 23.

Table 22--Annual CBP Time Saved Processing Passenger Trains
----------------------------------------------------------------------------------------------------------------
Arriving with Departing with
Calendar year manifest manifest Total
----------------------------------------------------------------------------------------------------------------
2012........................................................ 5,800 58 5,858
2013........................................................ 5,820 58 5,878
2014........................................................ 5,840 58 5,898
2015........................................................ 5,800 58 5,858
2016........................................................ 5,828 58 5,886
2017........................................................ 5,868 58 5,926
2018........................................................ 5,868 59 5,927
2019........................................................ 5,432 56 5,488
2020........................................................ 1,072 13 1,085
2021........................................................ 0 0 0
2022........................................................ 844 8 852
2023........................................................ 4,844 49 4,893
2024........................................................ 5,392 54 5,446
2025........................................................ 5,759 58 5,817
2026........................................................ 6,994 70 7,064
2027........................................................ 6,994 70 7,064
2028........................................................ 6,994 70 7,064
2029........................................................ 6,994 70 7,064
2030........................................................ 6,994 70 7,064
----------------------------------------------------------------------------------------------------------------
Note: Figures for 2025-2030 are based on an average of passenger train crossings from 2015-2019 and an
assumption of 0% growth based on communication with CBP subject matter experts.

Table 23--Monetized CBP Benefits Processing Passenger Trains
----------------------------------------------------------------------------------------------------------------
Arriving with Departing with
Calendar year manifest manifest Total
----------------------------------------------------------------------------------------------------------------
2012........................................................ $576,090 $5,761 $581,851
2013........................................................ 578,076 5,761 583,837
2014........................................................ 580,063 5,761 585,824
2015........................................................ 576,090 5,761 581,851
2016........................................................ 578,871 5,761 584,632
2017........................................................ 582,844 5,761 588,605

[[Page 64863]]

2018........................................................ 582,844 5,860 588,704
2019........................................................ 539,538 5,562 545,100
2020........................................................ 106,477 1,291 107,769
2021........................................................ 0 0 0
2022........................................................ 83,831 795 84,626
2023........................................................ 481,134 4,867 486,001
2024........................................................ 535,565 5,364 540,929
2025........................................................ 572,037 5,761 577,798
2026........................................................ 694,685 6,953 701,638
2027........................................................ 694,685 6,953 701,638
2028........................................................ 694,685 6,953 701,638
2029........................................................ 694,685 6,953 701,638
2030........................................................ 694,685 6,953 701,638
2012-2025 average........................................... 455,247 4,576 459,823
2026-2030 average........................................... 694,685 6,953 701,638
----------------------------------------------------------------------------------------------------------------
Note: Figures for 2025-2030 are based on an average of passenger train crossings from 2015-2019 and an
assumption of 0% growth based on communication with CBP subject matter experts.
Figures may not sum to total due to rounding.

vi. Summary of Benefits
Passenger rail carriers experienced an average undiscounted annual
benefit of $158,884 during the voluntary reporting program and are
expected to collectively experience an undiscounted annual benefit of
$405,341 as a result of this rule compared to a baseline of no rule or
voluntary reporting program. Cargo rail carriers experienced no
benefits as a result of the voluntary reporting period because they did
not participate. Cargo rail carriers are expected to collectively
experience only negligible benefits from faster traveler processing as
a result of this rule due to the low number of crew aboard cargo
trains, and CBP estimates them to be $0. International rail passengers
experienced an undiscounted annual benefit of $4,240,290 during the
voluntary reporting program and are expected to experience an
undiscounted annual benefit of $8,170,861 as a result of this rule
compared to a baseline of no rule or voluntary reporting program. CBP
experienced an average undiscounted annual benefit of $459,823 as a
result of the initial vetting during the voluntary reporting program
and is expected to experience an undiscounted annual benefit of
$701,638 as a result of this rule compared to a baseline of no rule or
voluntary reporting program.
In Table 24 below, the discounted benefits of this proposed rule
are shown for passenger rail carriers, cargo rail carriers, rail
passengers, and CBP. Passenger rail carriers are expected to experience
a total benefit from 2026 to 2030 of $1,802,276 and $1,553,251 using a
3-percent and 7-percent discount rate respectively. Annualized benefits
for passenger rail carriers would be $405,341. Cargo rail carriers are
expected to experience only negligible benefits from this rule, and
therefore CBP estimates them to be $0. From 2026 to 2030, rail
passengers are expected to experience a benefit of $36,330,246 and
$31,310,416 using a 3-percent and 7-percent discount rate respectively.
Annualized benefits for rail passengers would be $8,170,861. CBP is
expected to experience a benefit of $3,119,704 and $2,688,648 using a
3-percent and 7-percent discount rate respectively. Annualized benefits
for CBP would be $701,638.

Table 24--Summary of Discounted Benefits of Rule
--------------------------------------------------------------------------------------------------------------------------------------------------------
Passenger rail carriers Cargo rail carriers Rail passengers CBP
----------------------------------------------------------------------------------------------------------
Calendar year 3% Discount 7% Discount 3% Discount 7% Discount 3% Discount 7% Discount 3% Discount 7% Discount
rate rate rate rate rate rate rate rate
--------------------------------------------------------------------------------------------------------------------------------------------------------
2026......................................... $382,073 $354,041 $0 $0 $7,701,821 $7,136,747 $661,361 $612,838
2027......................................... 370,945 330,879 0 0 7,477,496 6,669,857 642,098 572,745
2028......................................... 360,140 309,233 0 0 7,259,705 6,233,511 623,396 535,276
2029......................................... 349,651 289,003 0 0 7,048,257 5,825,711 605,239 500,258
2030......................................... 339,467 270,096 0 0 6,842,968 5,444,590 587,611 467,531
----------------------------------------------------------------------------------------------------------
Total.................................... 1,802,276 1,553,251 0 0 36,330,246 31,310,416 3,119,704 2,688,648
Annualized Benefits.......................... 405,341 405,341 0 0 8,170,861 8,170,861 701,638 701,638
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Figures for 2026-2030 are based on an average of train crossings from 2015-2019 and an assumption of 0% growth based on communication with CBP
subject matter experts.
Figures may not sum to total due to rounding.

In Table 25 below, the discounted benefits are shown for passenger
rail carriers, cargo rail carriers, rail passengers, and CBP relating
to the voluntary reporting period from 2012 through 2025. Passenger
rail carriers experienced a total benefit from 2012 to 2025 of
$2,667,560 and $3,440,358 using a discount rate of 3-percent and 7-
percent respectively. Passenger rail carriers experienced annualized
benefits of $160,806 and $163,242 using a discount rate of 3-percent
and 7-percent respectively. From 2012 to 2025, cargo rail carriers
experienced no benefits as

[[Page 64864]]

they did not participate in the voluntary reporting program. Rail
passengers experienced a total benefit of $72,566,876 and $96,025,942
during the voluntary reporting period using a 3-percent and 7-percent
discount rate respectively. Annualized benefits for rail passengers
were $4,374,486 and $4,556,343, using a 3-percent and 7-percent
discount rate, respectively. CBP experienced total benefits of
$7,797,150 and $10,198,237 when using a 3-percent and 7-percent
discount rate. Annualized benefits for CBP were $470,029 and $483,897,
using a 3-percent and 7-percent discount rate, respectively.

Table 25--Summary of Benefits of Voluntary Reporting Period
[2012-2025]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Passenger rail carriers Cargo rail carriers Rail passengers CBP
----------------------------------------------------------------------------------------------------------
Calendar year 3% Discount 7% Discount 3% Discount 7% Discount 3% Discount 7% Discount 3% Discount 7% Discount
rate rate rate rate rate rate rate rate
--------------------------------------------------------------------------------------------------------------------------------------------------------
2012......................................... $238,237 $376,330 $0 $0 $8,969,826 $14,169,113 $829,580 $1,310,439
2013......................................... 240,637 365,911 0 0 8,448,436 12,846,606 808,167 1,228,891
2014......................................... 239,746 350,927 0 0 7,372,363 10,791,262 787,298 1,152,404
2015......................................... 172,239 242,689 0 0 7,266,698 10,238,966 759,183 1,069,709
2016......................................... 212,666 288,450 0 0 7,212,785 9,783,076 740,594 1,004,506
2017......................................... 340,999 445,224 0 0 6,892,969 8,999,786 723,910 945,171
2018......................................... 288,361 362,423 0 0 6,268,696 7,878,735 702,944 883,486
2019......................................... 290,642 351,634 0 0 5,032,436 6,088,510 631,921 764,531
2020......................................... 61,815 71,991 0 0 541,287 630,397 121,294 141,263
2021......................................... 0 0 0 0 0 0 0 0
2022......................................... 30,326 32,727 0 0 609,172 657,405 89,779 96,888
2023......................................... 204,006 211,929 0 0 4,684,917 4,866,856 500,581 520,021
2024......................................... 140,244 140,244 0 0 4,129,673 4,129,673 540,929 540,929
2025......................................... 207,642 199,880 0 0 5,137,618 4,945,557 560,969 539,998
----------------------------------------------------------------------------------------------------------
Total.................................... 2,667,560 3,440,358 0 0 72,566,876 96,025,942 7,797,150 10,198,237
Annualized Benefits.......................... 160,806 163,242 0 0 4,374,486 4,556,343 470,029 483,897
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Figures for 2025 are based on an average of train crossings from 2015-2019 and an assumption of 0% growth based on communication with CBP subject
matter experts.
Figures may not sum to total due to rounding.

c. Net Impact of Rule
CBP estimated the net impact of the rule by subtracting the
expected costs from the expected benefits. Undiscounted net benefits
for the voluntary reporting period (2012-2025) and the regulatory
period (2026-2030) are shown below in Table 26. Passenger rail carriers
experienced an average undiscounted annual net benefit of $132,938
while participating in the voluntary reporting program and are expected
to experience undiscounted annual net monetized benefits of $346,911 as
a result of this rule. The undiscounted annual net benefits for
passengers under the voluntary reporting program were $4,240,290 and
are expected to increase to $8,170,861 in time saved. Cargo rail
carriers experienced no net benefits under the voluntary reporting
program and are expected to experience undiscounted annual net benefits
of -$380,495 (a net cost) as a result of this rule.\46\ CBP's
undiscounted annual net benefits averaged $101,317 under the voluntary
reporting program. CBP expects to see undiscounted annual benefits of
$62,567 as a result of this rule.
---------------------------------------------------------------------------

\46\ This excludes any potential benefit of no longer having to
completely stop a cargo train at the border as discussed in the
section specific to cargo rail carrier benefits.

Table 26--Net Benefit
[In undiscounted 2024 dollars]
----------------------------------------------------------------------------------------------------------------
Passenger rail Cargo rail Rail
Calendar year carriers carriers passengers CBP Total
----------------------------------------------------------------------------------------------------------------
2012.......................... $134,808 $0 $6,291,255 -$1,505,395 $4,920,668
2013.......................... 140,650 0 6,103,330 -76,118 6,167,862
2014.......................... 145,166 0 5,485,730 -74,181 5,556,715
2015.......................... 100,698 0 5,569,319 -77,956 5,592,061
2016.......................... 135,920 0 5,693,839 -75,440 5,754,320
2017.......................... 243,011 0 5,604,615 540,184 6,387,809
2018.......................... 208,193 0 5,249,934 540,101 5,998,228
2019.......................... 219,319 0 4,341,023 499,526 5,059,868
2020.......................... 49,699 0 480,927 97,886 628,511
2021.......................... 0 0 0 0 0
2022.......................... 23,653 0 574,203 77,640 675,495
2023.......................... 169,645 0 4,548,463 445,841 5,163,948
2024.......................... 108,700 0 4,129,673 496,348 4,734,721
2025.......................... 181,669 0 5,291,746 530,009 6,003,425
2026.......................... 346,911 -380,495 8,170,861 62,567 8,199,845

[[Page 64865]]

2027.......................... 346,911 -380,495 8,170,861 62,567 8,199,845
2028.......................... 346,911 -380,495 8,170,861 62,567 8,199,845
2029.......................... 346,911 -380,495 8,170,861 62,567 8,199,845
2030.......................... 346,911 -380,495 8,170,861 62,567 8,199,845
2012-2025 average............. 132,938 0 4,240,290 101,317 4,474,545
2026-2030 average............. 346,911 -380,495 8,170,861 62,567 8,199,845
----------------------------------------------------------------------------------------------------------------
Note: Figures for 2025-2030 are based on an average of train crossings from 2015-2019 and an assumption of 0%
growth based on communication with CBP subject matter experts. CBP costs for 2012-2015 include R&D sunk costs.
Figures may not sum to total due to rounding.

All rail carriers, passengers, and the general public would benefit
from increased national security as a result of this proposed rule
though this remains a qualitative benefit. CBP believes that this
benefit justifies the expected costs for cargo rail carriers.
Table 27 and Table 28 provide estimates of the discounted net
benefits of this rule for the time period from 2026 to 2030. Passenger
rail carriers are expected to experience a total net benefit of
$1,542,478 and $1,329,350 using a 3-percent and 7-percent discount rate
respectively and annualized benefits of $346,911. Cargo rail carriers
are expected to experience net benefits of -$1,691,802 and -$1,458,042
using a 3-percent and 7-percent discount rate respectively and
annualized net benefits of -$380,495.\47\ Rail passengers are expected
to experience net benefits of $36,330,246 and $31,310,416 using a 3-
percent and 7-percent discount rate respectively and annualized net
benefits of $8,170,861. CBP expects to experience net benefits of
$278,193 and $239,754 using a 3-percent and 7-percent discount rate
respectively and annualized net benefits of $62,567. Table 29 provides
the undiscounted net benefits, present value of net benefits, and the
annualized net benefits of the proposed rule. Passengers, passenger
rail carriers, cargo rail carriers, and the general public would all
benefit from the increased security that would result from this
proposed rule though the benefits remain unquantified.
---------------------------------------------------------------------------

\47\ Negative net benefits reflect a net cost.

Table 27--Total Monetized Present Value and Annualized Net Benefits
[2024 U.S. dollars; 3% discount rate]
----------------------------------------------------------------------------------------------------------------
Passenger rail Cargo rail Rail
Calendar year carriers carriers passengers CBP Total
----------------------------------------------------------------------------------------------------------------
2026.......................... $326,997 -$358,653 $7,701,821 $58,975 $7,729,140
2027.......................... 317,473 -348,207 7,477,496 57,258 7,504,019
2028.......................... 308,226 -338,065 7,259,705 55,590 7,285,456
2029.......................... 299,249 -328,218 7,048,257 53,971 7,073,258
2030.......................... 290,533 -318,659 6,842,968 52,399 6,867,241
---------------------------------------------------------------------------------
Total..................... 1,542,478 -1,691,802 36,330,246 278,193 36,459,114
Annualized Benefits........... 346,911 -380,495 8,170,861 62,567 8,199,845
----------------------------------------------------------------------------------------------------------------
Note: Figures for 2026-2030 are based on an average of train crossings from 2015-2019 and an assumption of 0%
growth based on communication with CBP subject matter experts.
Figures may not sum to total due to rounding.

Table 28--Total Monetized Present Value and Annualized Net Benefits
[2024 U.S. dollars; 7% discount rate]
----------------------------------------------------------------------------------------------------------------
Passenger rail Cargo rail Rail
Calendar year carriers carriers passengers CBP Total
----------------------------------------------------------------------------------------------------------------
2026.......................... $303,006 -$332,339 $7,136,747 $54,648 $7,162,062
2027.......................... 283,183 -310,597 6,669,857 51,073 6,693,516
2028.......................... 264,657 -290,278 6,233,511 47,732 6,255,622
2029.......................... 247,343 -271,288 5,825,711 44,609 5,846,376
2030.......................... 231,162 -253,540 5,444,590 41,691 5,463,903
---------------------------------------------------------------------------------
Total..................... 1,329,350 -1,458,042 31,310,416 239,754 31,421,479
Annualized Benefit............ 346,911 -380,495 8,170,861 62,567 8,199,845
----------------------------------------------------------------------------------------------------------------
Note: Figures for 2026-2030 are based on an average of train crossings from 2015-2019 and an assumption of 0%
growth based on communication with CBP subject matter experts.
Figures may not sum to total due to rounding.

[[Page 64866]]

Table 29--Summary of Total Net Benefits, CY2026-2030
[2024 U.S. dollars]
----------------------------------------------------------------------------------------------------------------
3% Discount rate 7% Discount rate
Undiscounted ----------------------------------------------------------------
net benefits Present value Annualized Present value Annualized
----------------------------------------------------------------------------------------------------------------
Passenger Rail Carriers........ $1,734,556 $1,542,478 $346,911 $1,32

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