Findings of Fact

1. Notice of the application was published in the Commission Daily Calendar on January 5, 2001. There are no unresolved matters or protests; a public hearing is not necessary.

2. ACTA requests authority to construct three ACTA main tracks and the UP Southerly Drill Track in place of two existing UP tracks within the ACTA right-of-way underneath the existing East 223^rd Street structure in Carson, Los Angeles County.

3. The Alameda Corridor and related rail projects are required to provide improved goods movement, to accommodate the Ports of Long Beach and Los Angeles growth, reduce highway congestion, reduce air pollution and noise, which will benefit adjacent residential and industrial areas.

4. Public convenience, necessity and safety require the construction of three ACTA main tracks and a UP Southerly Drill track underneath the existing East 223^rd structure as set forth in Appendix A and more fully described in the application.

5. ACTA is the lead agency for this project under the California Environmental Quality Act of 1970 (CEQA), as amended.

6. The Commission is a responsible agency for this project and has reviewed and considered the lead agency's EIR, EIS, and U.S. Department of Transportation Record of Decision.