Advance Traveler Information for Rail

DEEPER READ

This proposed rule from U.S. Customs and Border Protection (CBP), under the Department of Homeland Security, would extend advance electronic traveler information requirements to international rail travel. Currently, airlines and sea carriers must submit passenger and crew data to CBP before arrival or departure. This proposal would bring rail carriers into alignment with those existing frameworks by mandating the same type of pre-travel data submissions for trains crossing U.S. borders. The rule would require rail carriers to transmit identifying information for every individual on board, including both passengers and crew members, as well as an advance notice of the train's arrival or departure. This data would allow CBP officers to screen travelers against watchlists and databases before the train reaches a port of entry, potentially flagging persons of concern without disrupting the broader flow of legitimate travel. The legal basis for this rule draws from CBP's statutory authority to regulate the entry and exit of persons and goods at U.S. borders, including authority under the Immigration and Nationality Act and post-September 11 security legislation such as the Enhanced Border Security and Visa Entry Reform Act. CBP has long held authority to require carriers to provide passenger manifests and related data as a condition of operating at U.S. ports of entry. The parties most directly affected by this rule are international rail carriers operating cross-border routes, most notably between the United States and Canada and the United States and Mexico. Amtrak operates several such routes, and private freight and passenger operators may also be impacted. Rail carriers would need to develop or upgrade systems to collect, format, and transmit traveler data electronically in compliance with CBP specifications, which could involve significant investment. As a proposed rule, this action is open to public comment before being finalized. CBP will review submitted comments and may revise the rule accordingly. Privacy advocates, rail industry representatives, and civil liberties organizations are among those likely to engage in the comment process. Implementation timelines would be established in the final rule, and carriers would typically be given a compliance window after the rule is finalized.

AS PUBLISHED

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.

THE SAGE'S PERSPECTIVE