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38 This proposed approach by the FTA to allow a pro- ject sponsor to rely upon a set of predefined characteris- tics raises the issue of whether FTA would adopt this approach more broadly, as part of the Small Starts pro- gram or even, in certain instances, the New Starts process. CONCLUSION This Legal Handbook for the New Starts Process pre- sents an overview of the FTAâs New Starts project de- velopment process and the legal issues associated with it. Given the issues at stake and the amount of discre- tionary funding project sponsors compete for, it is not surprising that the FTAâs project development process is lengthy and complex. Moreover, there are many ac- tors involved in the process. Indeed, a key actor, Con- gress, by legislation has directed FTA to modify the weight it assigns its project justification criteria, and FTA consequently has withdrawn a pending New Starts rulemaking and indicated that it would be developing a new rulemaking and new guidance. Nonetheless, although there have been changes be- fore in the evaluation criteria and how FTA rates them, the overall framework of the New Starts process has been in place for some time and should remain gener- ally the same. The environmental process, the methods of project delivery, and the FFGA, for example, are not likely to change. However, given the prospects for some changes in the process, a lawyer for a New Starts project sponsor about to receive FTA approval to proceed into PE should consider advising the project sponsor to enter into a PDA with FTA (see Chapter II). A PDA should act as a âroad mapâ for the project, establishing time- lines and responsibilities for both the project sponsor and the FTA for principal issues to be resolved, prod- ucts to be completed during project development, all significant uncertainties and the strategies to deal with them, and the schedules for reaching significant mile- stones during the course of project development. As noted earlier, such an agreement only works if both sides are fully committed to honoring it to the maxi- mum extent feasible. If so, a PDA should bring focus and greater certainty to the complex and lengthy proc- ess outlined in this Handbook.
