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Questions and Answers

Freight Rail Security Grant Program FY 2008

Emailed Questions and Answers

Click here for questions and answers received via e-mail (DOC, 33 KB)

Conference Call Questions and Answers

03/06/08 Conference Call

Is there anything we can be working on while waiting for our pin # to come through?

You can be working on the content of your Investment Justification.

In section I.B "Describe your Operating System," of the Investment Justification, we are asked to provide the "number of rail cars" for our operating system. Does this refer to the number of cars we ship or the number of cars we own?

In general what we are looking for in the Investment Justification is the relevant information about your system that would allow us to verify your request as appropriate to your system. For example, we want to be able to see that the number of employees you are requesting funds to train and the courses you are requesting they take are appropriate for the size and activity of your system. That said, tell us the number of total cars you move, the number of High Population-Density Areas you move through, and whatever other information we would need to understand a picture of your system. We understand that who owns the cars is not a good indicator of transport volume.

Should we provide a detailed budget?

Yes, you can use Appendix H of the FY08 FRSGP Grant Guidance for this.

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02/14/08 Conference Call

I must have written down the wrong e-mail address for questions. Can you please share that with us?

The main Department of Homeland Security (DHS) e-mail is askcsid@dhs.gov. That is the official tracking e-mail. Information will be forwarded to both the Federal Emergency Management Agency (FEMA) and the Transportation Security Administration (TSA) who will answer programmatic and administrative questions.

Are you having a conference?

We are having a workshop on Wednesday, February 27th. It will take place in New Orleans at the Hilton New Orleans Airport at 901 Airline Drive in Kenner, LA. The information is also available on our website.

Have you received any interest for a workshop?

On the first call, people indicated that they wanted a workshop to primarily work on the Investment Justification (IJ). We want everyone to be comfortable filling out the IJ. This is a new program. We need to hold a workshop relatively quickly since the applications are due on March 17th. That is a statuary deadline.

What is the timeframe for the workshop? Who is going to be there from TSA?

The workshop will take place between 12:00pm and 5:00pm. Ginny Wise and Lisa Peña, or another freight rail representative, will be there. Additional freight rail subject matter experts (SMEs) may attend.

How did TSA arrive at the allowable project types?

The 9/11 Act made it clear that in order to be eligible for capital projects companies need a security plan (SP) and vulnerability assessment (VA). We want to make sure that we give every opportunity for everyone to complete those. It is beneficial for us to see those plans so that we can structure the program intelligently and appropriately select project types in future years.

What about the priorities for next year? I do not see an allocation in the President's budget for a second year.

There was not a set-aside in the fiscal year (FY) 2008 appropriations either. We took money from the Transit Security Grant Program (TSGP) and created the Freight Rail Security Grant Program (FRSGP). We anticipate doing that in future years as well. We hope to expand the scope next year to include more uses of funds as authorized from the 9/11 Act. We want to make sure that people will be eligible next year.

We will be purchasing equipment that is funded under a direct assistance program from TSA and FEMA. Does that make us ineligible for the FRSGP?

No, your company would still be eligible as long as you meet the eligibility requirements outlined in the Grant Guidance.

On page five of the Grant Guidance, three criteria are listed under the definition of transporting rail Security-Sensitive Material (SSM). Do we need to meet all three criteria?

You need to meet at least one of the criteria.

We handle a Toxic Inhalation Hazard (TIH) car where we are responsible for the load, but we do not own the track. Is that a problem?

The issue is not who owns the track. You are eligible if you transport the goods.

We already have an SP and VA. We completed one early on and it was approved by the Federal Railroad Association (FRA). We feel it is not adequate. Can we apply for funds to update our current plan?

Yes, the intent is to improve the baseline level and bring them up to the standards listed in this grant program. The whole point is to improve the level of VAs and SPs.

What is your website and e-mail addresses again?

The main e-mail is askcsid@dhs.gov. You can go through www.tsa.gov/grants and link to the freight rail section.

I'm having problems obtaining a Central Contractor Registration (CCR) number. How do I obtain help?

The CCR help number is 888-227-2423.

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02/07/2008 Conference Call

How is information concerning the FRSGP workshop going to be distributed?

The workshop information will be posted on the TSA website: www.tsa.gov/grants. Please click on Freight Rail Security. If you are interested in attending, please e-mail your information to tsagrants@tsa.dhs.gov. You will be added to our distribution list.

Will we have to submit a copy of our security plan to DHS?

In the application, you only have to certify that your existing plan meets the guidance requirements listed in the appendices if you want to apply for training. The last line of the certification form states that you must be able to provide a copy of the vulnerability assessment and/or security plan upon request at a later time.

Can we request funds to conduct a vulnerability assessment/security plan and training?

We would not provide funds to conduct a vulnerability assessment/security plan and perform training. You must have developed a vulnerability assessment and security plan before you can request funds for training, so technically we cannot fund all requests. If you meet the vulnerability assessment and security plan requirements, then you can apply for training. If your assessment or plan are not adequate or do not meet the standards, you can apply for funds to improve them. Then, you are not eligible to apply for training.

If the Federal Railroad Administration (FRA) examined and approved our security plan, created pursuant to 49 CFR 172, can my company safely certify that this plan meets the legal threshold for applying for a grant?

Yes, if the FRA approved the 49 CFR 172 security plan within the last year, the company can certify completion (Appendix L) and apply for a grant for training.

Do the FRA requirements, created pursuant to 49 CFR 172, meet the requirements outlined in Appendices E and F?

No, the requirements outlined in Appendices E and F are more detailed.

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02/04/2008 Conference Call

We need to know where we get the guidance.

It is available on www.tsa.gov/grants and www.fema.gov/grants. From the TSA grant web site, follow the "Freight Rail" link at the top of the page.

Do you have a contact number that we can talk to a live person?

You can either phone or e-mail the DHS Centralized Scheduling and Information Desk (CSID). The phone number is 1-800-368-6498, and the e-mail is ASKCsid@dhs.gov.

The easiest way to ask question is on our weekly conference call. If you have an individual question, however, e-mail askCSID@dhs.gov or call 1-800-368-6498.

How did we arrive at $15 million number for total funding for the program?

There are two issues that lead to the $15 million number. First, the appropriation for the past several years has been for mass transit and passenger rail. Grants for freight rail are new this year. The DHS position is the risk to mass transit and passenger rail is currently greater than that posed to the freight rail. In addition there are issues of ownership and ability to bear security costs. The majority of mass transit agencies and passenger rail entities are publicly owned, whereas most freight rail stakeholders are for profit entities. With the increased amount of funds and higher appropriation this fiscal year, we decided it was time to recognize the freight rail community. We decided to start modestly with a pilot program. It was negotiated. We tried to look at training costs in freight rail and came to this decision about the final number.

All the information you just gave in this call is in the guidance document?

Yes it is.

Are shared lines a consideration?

No, not for this grant program. The eligibility for this program is concerned with the transportation of specific cargoes through or in specific geographic areas by a freight rail carrier. Ownership of associated infrastructure, including track, is not relevant for the threshold question of eligibility.

Rail security exercises are called for in the legislation. Is that included?

Not in this program. In our initial effort we wanted to look at the building blocks of security—comprehensive vulnerability assessments, security plans and employee training.

Is there an outline in the guidance for setting up a security plan?

Appendix F goes through standards for security plans. The real point of security plan development is that the plans are driven by the vulnerability assessment. The vulnerability assessment in Appendix E has several requirements and the security plan in Appendix F has more flexible requirements, which are more a function of the vulnerability assessment. We want you to look at specific aspects of your operation. We are not concerned with specific formatting. We want you to evaluate and address the items specified in the relevant Appendices.

How involved is short line in this program?

We have consulted with The American Short Line and Regional Railroad Association on this program.

We have weekly calls scheduled for Thursdays at 1 PM EST. The phone number for these calls is 1-877-988-9660 and the passcode is 6827433. We will hold those weekly throughout the application period. Any questions and answers will be posted to www.tsa.gov/grants. If you have more specific questions, send them to askCSID@dhs.gov.

We are also planning on having a workshop toward the end of the month of February to go through the application. The idea is to get through issues and go through investment justifications. If that sounds like a good idea, tell us. We can also talk about holding the event in more than one area.

If you are a freight rail carrier, transport SSM, and high-density area, aren't you already required to have vulnerability assessment and a security plan finished?

Currently, 49 CFR Part 172 requires Hazmat shippers and carriers to have a security plan that has a risk assessment, and provisions for personnel security, unauthorized access, and enroute security.

Grant Program
The 9/11 Implementation Act (Public Law 110-53) authorized this grant program and provides at section 1513 (a) (5) that in order to authorize a grant under this section, the Secretary must determine that the railroad carrier has a sufficient vulnerability assessment and a security plan. TSA has determined that the PHMSA security plans (49 CFR Part 172) are sufficient to participate in the grant program; however our goal is to raise the overall level of freight rail security by providing matching grant funds to create more robust and comprehensive vulnerability assessments and security plans.

The grant program does not affect the law or regulation in any way, however, every applicant for the FRSGP must certify that it has a plan that complies with the PHMSA regulation at 49 CFR Part 172.

The 9/11 Implementation Act also required the Secretary to issue a security plan regulation. Do you know when the regulation will come out?

It could be a long time, perhaps years.

And locations are based on population density?

They are based on population density, vulnerability assessments, and rail traffic in and through the area. The areas also match the UASI list from 2006. That is why it might look familiar.

Is there a dollar range on grant funds?

The overall program is $15 million.

So the money could go to one applicant or $1 million for 15 applicants each?

It is unlikely that the money would go to just one carrier. We want to support as many freight railroads as we can. I am expecting that we will have a broad range of applications.

Is equipment an eligible cost?

For this first year of the FRSGP, DHS made the policy decision to fund security plans, vulnerability assessments, and training to provide the building blocks for future years. This is just one slice in time in the grant world. We will use the information that we get, in a general sense, to go back to Congress to make further recommendations.

We need support capabilities for the program to be effective.

We understand. The point is that in future grant cycles, we will open the program up to new items. We have to crawl before we can walk.

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