Conclusion of Law

The application should be granted as set forth in the following order.

ORDER

IT IS ORDERED that:

1. Alameda Corridor Transportation Authority (ACTA) is authorized to construct three ACTA tracks and the Union Pacific Railroad Company (UP) Southerly Drill track in place of two existing UP tracks within the ACTA right-of-way underneath the existing East 223^rd grade separation structure in the City of Carson, Los Angeles County, identified as crossing 114-14.03-A, as set forth in Appendix A, and as more fully described and indicated by text and plans attached to the application.

2. Construction and maintenance of the crossings shall be in accordance with the provisions of General Order (GO) 72-B.

3. Clearances shall be in accordance with GO 26-D. Walkways shall conform to GO 118. Walkways adjacent to any trackage subject to rail operations shall be promptly restored to their original condition in the event of damage during construction.

4. Construction and maintenance costs shall be borne in accordance with an agreement entered into between parties. A copy of the agreement shall be filed by ACTA with the Commission's Rail Safety and Carriers Division prior to commencing construction.

5. Within 30 days after completion of the work under this order, ACTA shall notify the Commission in writing that the authorized work was completed.

6. This authorization shall expire if not exercised within three years unless time is extended or if the above conditions are not complied with. Authorization may be revoked or modified if public convenience, necessity, or safety so require.

7. The application is granted as set forth above

8. Application 01-01-002 is closed.

This order is effective 30 days from today.

Dated May 14, 2001, at San Francisco, California

.

LORETTA M. LYNCH

President

HENRY M. DUQUE

RICHARD A. BILAS

CARL W. WOOD

GEOFFREY F. BROWN

Commissioners