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Procedures of Shanghai Municipality on the Administration of Passenger Transport by Bus, Tram and Trolleybus
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| (Promulgated by Decree No.43of the Shanghai Municipal People ' s Government on April 30.1997) Chapter I General Provisions Article 1 (Purpose) The present Procedures are formulated in order to strengthen the administration of bus, tram and trolleybus passenger transport in this Municipality, to protect the legitimate rights and interests of passengers and operators and to meet the basic demands of city public passenger transport. Article 2 (Definition) The buses, trams, and trolleybuses as defined in the present Procedures refer to the passenger transport buses, trams and trolleybuses within this Municipality that are open to the public, run along a fixed route, follow a set schedule, take and discharge passengers at regular stops, and charge fares according to the transport distance. Article 3 (Scope of Application) The present Procedures are applicable to the operation and its related administrative activities of bus, tram and trolleybus passenger transport within the administrative areas of this Municipality. Article 4 (Principles for Development) The development of bus, tram and trolleybus passenger transport shall be geared to urban construction, socio-economic development and the actual living standards of the people in coordination with other means of public transport. The people' s government at various levels shall follow a policy of support on the development of bus, tram and trolleybus passenger transport. Article 5 (Principles for Operation) The operation of bus, tram and trolleybus passenger transport shall follow the principles of unified planning, moderate competition, standardized service and conveniencing the passengers. Article 6 (Administrative Departments) The Shanghai Municipal Public Utilities Administration Bureau (hereinafter referred to as "the Municipal Public Utilities Bureau) is the administrative department of this Municipality responsible for the administration of bus, tram and trolleybus passenger transport, while the Shanghai Municipal Administrative Section of Public Passenger Transport (hereinafter referred to as "the Municipal Public Transport Administrative Section) takes charge of the specific administrative work in this field in accordance with the present Procedures. Related departments of city planning, public security, traffic and municipal public works shall work in coordination in implementing the present Procedures in accordance with their respective duties. Article 7 (Development Plan and Annual Plan) The plans of development for this Municipality' s bus, tram and trolleybus passenger transport and the annual plans shall be organized and formulated by the Municipal Public Utilities Bureau and shall, after being overall balanced by relevant departments, according to the specified procedure, be submitted to the Municipal People' s Government for approval. Chapter Άς Lines and Line Operators Article 8 (Planning of Lines and Networks) The Municipal Public Utilities Bureau shall, jointly with relevant departments, formulate plans of lines and networks for bus, tram and trolleybus passenger transport in accordance with the municipal plan of development for this city' s bus, tram and trolleybus. The opening, rerouting and canceling of bus, tram and trolleybus passenger transport lines (hereinafter referred to as lines) shall meet the requirements of plans of bus, tram and trolleybus passenger transport lines and networks. Article 9 (Requirements for Line Operators) Line operators shall meet the following requirements: 1.Possessing more than 100passenger transport vehicles that meet the stipulated requirements; 2.Possessing parking lots and supporting facilities that meet the stipulated requirements; 3.Having rationa1and feasible plans for line operation; 4.Having a sound system of operation management concerning passenger service and safe driving; 5.Having adequate managing personnel and drivers, conductors and dispatchers who have been trained and qualified in accordance with relevant stipulations of the State. Article 10 (Announcement of Plans of Lines) The Municipal Public Utilities Bureau shall announce regularly the annual plans of newly-opened and extended lines. Article 11 (Ways of Choosing Line Operators) The Municipal Public Utilities Bureau may, in accordance with the actual demands of public passenger transport in this Municipality and the plans of line and networks for bus, tram and trolleybus passenger transport, decide on line operators by way of applying for examination and approval, inviting bids or appointment respectively. Article 12 (Procedures of Applying for examination and Approval) To apply for the opening or extending of lines, the applicant shall submit to Municipal Public Utilities Bureau the following documents: 1.Application; 2.Cerificates of credit standing; 3.Certificates of parking lots; 4.Plans of line operation, operational management system and feasibility study report. Upon accepting an application, the Municipal Public Utilities Bureau shall seek, in written from, the opinions of the municipal administrative departments of public security, traffic control, and municipal pub1ic works, which shall make a written reply within 30days after receiving the letter seeking opinions, and their failure to make a reply within the prescribed period shall be regarded as approval. The Municipal Public Utilities Bureau shall, within 60days after accepting the application, make a decision of approval or disapproval and notify the applicant in writing. Article 13 (Procedures of Inviting Bids) When line operators are to be chosen by inviting bids, the following procedures shall be followed: 1.The Municipal Public Utilities shall, according to the plans of lines and networks for bus, tram and trolleybus passenger transport, publicize documents on bid invitations and relevant materials concerning the opening and extending of bus, tram or trolleybus lines or send them to potential bidders on a selective basis; 2.The bidder shall put his sealed bidding documents into the designated bid box according to the requirements of bid invitation documents; 3.The Municipal Public Utilities Bureau shall, jointly with relevant departments, invite experts to form a bid appraisal committee, which, after having decided on a way of appraisal, preside over the bid opening, bid appraisal, and the decision on the winning bidder; 4.The bid appraisal committee shall appraise the valid bidding documents and decide on the winning bidder; 5.The bid appraisal committee shall sign and issue the decision on the winning bidder, to whom the Municipal Public Utilities Bureau shall send a notice. Article 14 (Restriction on Appointing Line Operators) The Municipal Public Utilities Bureau may appoint line operators for the opening and expending of the lines in one of the following situations; 1.Lines are listed in the Municipal Government' s practical projects; 2.Lines are operated as supporting facilities for newly-built residential areas. The Municipal Public Utilities Bureau shall jointly with municipal administrative departments of public security, traffic control and municipal public works, decide on the lines to be opened or extended, and appoint line operators in the light of the areas through which the lines run and the actual operating capacity of existing line operators. Article 15 (Naming of the Lines) The Municipal Public Utilities Bureau shall decide, in a unified manner, on the name of the lines to be opened, and make them known to the public. Article 16(Issuance of Qualification Certificates) The chosen line operators that need to attend to the enterprise' s establishment or alteration registration shall go to the administrative department of industry and commerce and the department of taxation, with relevant certificates issued by the Municipal Public Utilities Bureau, to complete the relevant formalities. Upon the completion of the formalities as prescribed in the preceding paragraph the Municipal Public Utilities Bureau shall issue to line operators a Shanghai Municipality Qualification Certificate for Operating Bus, Tram and Trolleybus passenger Transport (hereinafter referred to as "Qualification Certificate") No one shall operate bus, tram or trolleybus passenger transport without a Qualification Certificate. Article 17 (Issuance of Operation Certificates) The Municipal Public Transport Administrative Section shall issue operation certificates to line operators according to the number of vehicles they put into operation and shall issue corresponding service certificates to the drivers, conductors and dispatchers that are trained and qualified in accordance with relevant regulations of the State. Article 18 (Examination and Renewal of Qualification Certificates) The qualification certificates shall be valid for one year. Line operators shall, fifteen days before the expiration of qualification certificates, go to the Municipal Public Utilities Bureau to go through the formalities of examination. The Municipal Public Utilities Bureau shall issue new qualification certificates to those line operators who meet the conditions and requirements as prescribed in the qualification certificates of those line operators who fail to meet the conditions and requirements as prescribed in the present Procedures shall not be renewed. Article 19 (Alteration and Cancellation of Qualification Certificates) Line operators who have a merger or split-off shall go, with relevant certificates issued by the industry and commerce department and the tax department, to the Municipal Public Utilities Bureau, within fifteen days of the merger or split-off, to go through the formalities of qualification certificate alteration. Line operators who are to close down business shall notify the Municipal Public Utilities Bureau in writing ninety days before close down and shall go, with relevant certificates issued by the industry and commerce department and the tax department, to the Municipal Public Utilities Bureau, within fifteen days upon closing business, to complete the formalities of canceling the qualification certificates. Article 20 (Choosing of New Line Operators) The Municipal Public Utilities Bureau shall choose new line operators in accordance with the stipulations of this chapter to replace those who have closed business. Chapter III Operation Management Article 21 (Plans of Line Operation) Line operators shall formulate plans of line operation before formally starting business. The plans shall be implemented after they are examined, verified and approved by the Municipal Public Transport Administrative Section. Article 22 (Overa1l Requirements for Operation) Line operators shall start operation within the period prescribed by the Municipal Public Transport Administrative Section in accordance with the approved operational plans, including the routes, number of runs, schedules, vehicle models, number of vehicles, and the number of passengers to be carried. Line operators shall not stop operation without approval. Line operators shall not reduce the number of vehicles in operation, nor the number of runs, once the line has gone into formal operation. When passenger traffic increases on the line, the line operator shall increase the number of vehicles and their runs proportionately in accordance with the requirements of the Municipal Public Transport Administrative Section. Article 23 (Restriction on Conductorless Operation) Line operators who need to engage in conductorless operation shall meet the requirements of conductorless operation with respect to their vehicles and the number of runs, and shall start conductorless operation only after approval has been obtained from the Municipal Public Transport Administrative Section. The requirements for conductorless operation shall be stipulated separately by the Municipal Public Utilities Bureau. Article24 (Alteration and Cancellation of Routes and Steps or Temporary Suspension of Operation) Line operators who need to alter routes and stops shall first obtain approval from the Municipal Public Transport Administrative Section which shall examine, and verify the matter jointly with the municipal administrative departments of public security, traffic control, and municipal public works before giving approval. Under any one of following circumstances, the Municipal Public Transport Administrative Section may, after getting approval from the municipal administrative departments of public security, traffic control, and municipal public works, ask the line operators to alter or cancel lines or stops, or to temporarily suspend operation: 1.Adjustment of bus, the plan of tram and trolleybus passenger transport lines and networks; 2.Construction of municipal public works such as roads and underground pipes and cable; 3.Needs of road traffic control; 4.Safety of operation being affected by road conditions. Line operators shall notify the public by putting up notices at all the stops along the lines five days before alteration or cancellation of 1ines and stops or the temporary suspension of operation. Alteration or cancellation of lines and stops or temporary suspension of operation due to force majeure shall be made known to the public immediately. When two or more lines are simultaneously to be altered or canceled, or their operation are to be to temporarily suspended, the Municipal Public Transport Administrative Section shall notify the public through mass media. Article 25 (Rates of Fares) Line operators and personnel engaged in passenger transport shall adopt the standard rates of fares for bus, tram and trolleybus operation set by municipal price control departments and shall not be allowed to make any alteration without approval. Article 26 (Use and Management of Tickets) Line operators and personnel engaged in passenger transport shall use the uniform tickets bearing the name of line operator uniformly printed or approved by the Municipal Public Utilities Bureau jointly with the municipal tax department. The face value of the ticket shall conform to the set rates of fares. Universal bus, tram and trolleybus tickets shall be printed and sold by the public passenger transport tickets agency uniformly set up by this Municipality. These tickets shall be valid on all buses, trams and trolleybuses throughout this Municipality and on line operators or personnel engaged in passenger transport shall have the right to refuse to accept them. The redemption and settlement of the universal bus, tram and trolleybus tickets shall be carried out by the public passenger transport tickets agency uniformly set up by this Municipality with the line operators in accordance with the stipulations of the Municipal Public Utilities Bureau. Article 27 (Requirements of Operational Vehicles) Lime operators shall strengthen their administration of operational vehicles. Vehicles in operation shall meet the following requirements: 1.They are clean and tidy, with adequate facilities; 2.Their performance conforms to the technical standards set by the State; 3.Their two sides bear the name of the line operator at the prescribed position; 4.Their front, tail, and right side bear the name of the line; 5.They post a copy of operational certificate at the top right side of their windscreen; 6.They post, at the prescribed positions inside the vehicle, the rules on riding buses, tram and trolleybuses, a sketch map of the their routes, and telephone numbers for passenger supervision and complaint; 7.They meet other requirements of operational service standards. Advertisements, if and, to be put up inside the vehicle shall be posted at positions prescribed by the Municipal Public Transport Administrative Section. Article 28 (Operational Service Standards for Drivers and Conductors) Bus, tram and trolleybus line operators shall strengthen their administration of drivers and conductors and urge them to abide by following rules: 1.Carry service certificates in conformity with the operational certificates; 2.Follow the approved routes and operate according to the approved number of runs and the approved number of passengers to be carried, and not to shorten the line nor to force passengers to get off midway, without approval; 3.Take on and discharge passengers within the prescribed limits of the stops; 4.Announce clearly the names of stops, the name of routes and the direction in which the vehicle is running; 5.Maintain normal order inside the vehicles and guarantee personal safety of passengers; 6.Not to hand over vehicles for operation to personnel who have not the qualifications for operation as stipulated in the present Procedure; 7.Submit themselves to the supervision and inspection of the administrative personnel of passenger transport; 8.Comply with other rules concerning operational service standards In case the vehicle fails to operate normally, the driver and the conductor shall organize the passengers to board, without charge, vehicles running on the same route and in the same direction, and the drivers and conductors of these vehicles running on the same route and in the same direction shall not refuse. Article 29 (Operational Service Standard of Dispatchers) Bus, tram and trolleybus line operators shall strengthen their administration of dispatchers and urge them to abide by the following rules: 1.Wear service credentials; 2.Dispatch vehicles according to approved runs and schedules and make rational adjustments in special circumstances so as to disperse passengers as soon as possible; 3.Fill in daily report forms of bus, tram and trolleybus runs accurately; 4.Submit themselves to the supervision and inspection of the administrative personnel of passenger transport; 5.Comply with other rules concerning operational service standards. Article 30 (Chargeable Operational Service) Passengers shall buy tickets or pay the fares according to prescribed rates of fares. However, they may refuse to buy tickets or pay fares if any one of following circumstances arises: 1.The driver or conductor does not produce tickets that are in conformity with the stipulations; 2.Passengers carrying electronic boarding tickets can not have their tickets read due to failure of the ticket reading machine. Line operators and personnel engaged in passenger transport may ask passengers who do not buy tickets or pay fares according to the prescribed rates of fares to pay retroactively the ticket prices or fares equal to ten times the prescribed rate of fares. Article 31 (Riding rules) Passengers shall observe the rules on riding buses, trams and trolleybuses. They shall not interfere with the normal riding or affect personal the safety of other passengers. Drivers and conductors may refuse to provide service to passengers who violate the rules on riding buses, and tram and trolleybuses. The rules on riding buses, trams and trolleybuses shall be formulated by the Municipal Public Utilities Bureau. Article 32 (Requirements on the Use of Radio Communications Equipment) Line operators shall ensure that their radio communications equipment be in continuous, normal working conditions and shall not shut it down without approval. The frequency used by line operators shall be reported to the Municipal Public Transport Administrative Section for the record. Article 33 (Requirements on Operation in Special Circumstances) Line operators shall, under the unified command of the Municipal Public Transport Administrative Section, organize vehicles and personnel timely to carry out dispersal transportation in case one of the following circumstances arises: 1.Emergency rescue; 2.Serious shortage of vehicles available at major passenger gathering and dispersing spots; 3.Major social gathering; 4.Other circumstances prescribed by the Municipal People Fs Government. Article 34 (Submission of Statistical Report Forms) Line operators shall fill out the statistical report forms for bus, tram and trolleybus passenger transport accurately, and submit them to the Municipal Public Transport Administrative Section in time. Article35 (Payment of Passenger Transport Administration Fees) Line operators shall make timely payment of passenger transport administration fees to the Municipal Public Transport Administrative Section. The rates of public transport administration fees shall be set by the municipal price control department jointly with the municipal finance department. Chapter IV Management of Facilities Article 36 (Construction of Stations and Stops) Construction units shall build bus, tram and trolleybus stations and stops and corresponding parking spaces as ancillary facilities in accordance with approved plans and relevant construction design standards in any one of the following circumstances: 1.Construction or extension of public passenger gathering and dispersal places, such as airports, railway stations, passenger transport piers, long distance bus stations and rail transport stations; 2.Construction or extension of large-scale cultural, sports and other public facilities; 3.Construction or extension of residential areas. Article 37 (Administration of Shared Stations and Stops) Stations and stops constructed with government and shared by more than two lines (hereinafter referred to as "shared stations and stops")shall be managed by a unit appointed by the Municipal Public Transport Administrative Section; other shared stations and stops shall be managed by a unit chosen by the construction unit or by the line operators sharing the stations or stops through consultation. Drivers and conductors entering the shared stations or stops shall submit themselves to the unified command of the management unit in charge of the said stations or stops. The management unit in charge of the shared stations and stops shall maintain their operational order and ensure their safety and smooth transit. It shall not closed them down or turn them to other uses without the approval of the Municipal Public Transport Administrative Section. Article 38 (Fixtures at the Terminals) Line operators shall set up facilities for waiting passengers at the terminals, and post the rules on riding buses, trams and trolleybuses, the table of rates of fares and the telephone numbers for passenger supervision and complaint. Newly-opened lines shall set up signs for boarding and discharging passengers respectively at the terminals. Article 39 (Maintenance of Station and Stop Facilities) The construction unit or its authorized unit shall be responsible for the routine maintenance of the facilities at the stations and stops and for keeping them clean and tidy and in good condition. Article 40 (Erection of SignBoards at the Stations and Stops) Line operators shall erect signposts, including temporary signposts (similarly hereinafter), at bus, tram and trolleybus stations and stops in accordance with the unified standard prescribed by the Municipal Public Transport Administrative Section. The bus, tram and trolleybus station and stop signposts shall be distinct and in good condition. They shall bear the name of the line, the time for the first and the last run, the name of the stop and the name of the other stops along the route, the rates of fares, etc. In the case of lines with vehicles running at an interval of more than 30minutes,the time of each run passing the stop should be clearly indicated. Article 41 (Maintenance of Power Supply Facilities for Trams and Trollybuses) Trams and Trollybus power suppliers shall, in accordance with the technical specifications and standards set by the State, regularly check and repair tram and trolleybus power supply facilities such as tram and trolleybus overhead line networks, power feed line networks and direct-current traction transformer substations to ensure their safety and normal use. In case of a breakdown in the tram and trolleybus power supply facilities, the power supplier shall organize emergency repairs at once and restore their normal function as soon as possible. Article 42 (Safeguarding of Tram and Trollybus Power Supply Facilities) Tram and Trollybus power supply shall, in accordance with relevant regulations of the State, erect protection markers around tram and trolleybus power supply facilities. The following acts posing hazards to the safety of tram and trolleybus power supply facilities are prohibited: 1.Cover, alter or damage protection markers for tram and trolleybus power supply facilities; 2.Hang posters, billboards and clothing or put up other facilities on tram and trolleybus overhead line networks or power feed line networks without approval; 3.Other acts that endanger the safety of power supply. In case construction for engineering projects may endanger the safety of tram and trolleybus power supplier facilities, the construction unit shall, in accordance with relevant regulations of the State, hold consultation with the power supply and take corresponding safety measures before starting construction. Chapter V Inspection and Complaint Article 43 (Supervision and Inspection) The Municipal Public Transport Administrative Section shall intensify supervision and inspection of bus, tram and trolleybus operations. Administrative personnel of public passenger transport, when going on inspection, shall wear distinctive uniforms, carry law enforcement ID cards and wear on-duty marks. Administrative personnel of public passenger transport, upon discovering acts violating the present Procedures shall order the wrongdoer to rectify immediately or within a prescribed time limit. Article 44 (Complaint) The Municipal Public Transport Administrative Section and line operators shall institute a system to hear and deal with complaints against acts violating the present Procedures. Complaints may be sent either to the line operator or to the Municipal Public Transport Administration Section. The complainant shall provide relevant evidence. Article 45 (Handling of Complaints) Line operators shall make a reply to the complainant within ten days after receiving the complaint. In case the complainant disagrees with the reply made by the line operator, he may complain to the Municipal Public Transport Administrative Section. If the complaint is sent to the Municipal Public Transport Administration Section, this Section shall make a reply within 30days after receiving the complaint. Article 46 (Verification of Complaints) When the Municipal Public Transport Administrative Section needs to verify complaints with the line operator, it shall issue a notice for complaint verification to the latter. The line operator shall, within 10days after receiving the notice for complaint verification make a written reply to the Municipal Public Transport Administrative Section, stating relevant circumstances and his opinions on the handling of the complaints. Chapter VI Legal Liabilities Article 47 (Penalties on Line Operators) For acts violating the present Procedures line operators shall be penalized by the Municipal Public Utilities Bureau in accordance with the following rules: 1.For violations of the first clause of Article 18, Article19 or Article 21of the present Procedures a fine of 500to 1,000yuan shall be imposed; 2.For violations of Article 22,the first clause of Article 23,or Article 33of the present Procedures, a fine of 1,000 to 5,000yuan shall be imposed; 3.For violations of the third clause of Article 24,the first and second clauses of Article 26,Article 32,Article 38,or Article 40of the present procedures a disciplinary warning shall be given or a fine of 100to 1,000yuan shall be imposed; 4.For violations of the first clause of Article 24,or Article 25of the present Procedures a fine of 500to 5,000yuan shall be imposed; 5.For violation of Article 27of the present Procedures a disciplinary warning shall be given or a fine of 50to 100yuan shall be imposed; 6.For violation of Article 28,Article 29,or the second clause of article 37of the present Procedures a disciplinary warning shall be given or a fine of 50 to 500yuan shall be imposed; 7.For violations of the first clause of Article 45,or the second clause of Article 46of the present Procedures a disciplinary warning shall be given, or a fine of no more than 50yuan shall be imposed; Article 48 (Penalties on Related Units or Individual Persons) For violation of the third clause of Article 37of the present procedures, the Municipal Public Utilities Bureau shall impose a fine of 500to 1,000ynan on the unit in charge of the management of stations or stops. For violations of Article 41or the first clause of Article 42of the present Procedures, the Municipal Public Utilities Bureau shall give a disciplinary warning to ,or impose a fine of 100to 1,000 yuan on the tram and trolleybus power supplier. For violation of the second or third clause of Article 42of the present Procedures, the Municipal Public Utilities Bureau shall give a disciplinary warning to, or impose a fine of 100to 1,000yuan on the units or individual persons concerned. Those units or individual persons who engage in bus, tram or trolleybus passenger transport without qualification certificates or operation certificates shall be fined 5,000to 30,000yuan by the Municipal Public Utilities Bureau. Article 49 (Handling of Obstruction of Public Duties) Those who obstruct passenger transport Administrative personnel in performing their duties in violation of "Regulations of the People's Republic of China on Public Security Administration and Imposition of Punishment" , shall be turned over to the public security departments and dealt with in accordance with the law, and where such wrong constitute a crime, the wrongdoer shall be prosecuted for his/her criminal liability. Article 50 (Delegation of Power to Penalize) The Municipal Public Utilities Bureau may authorize the Municipal Public Transport Administrative Section to enforce punishment for violations of the present Procedures. Article 51 (Procedures of Punishment) When enforcing punishment, the Municipal Public Utilities Bureau and passenger transport administrative personnel shall produce an "Decision of Administrative Punishment" , and, when collecting fines, give a uniform receipt for fines or confiscation of property printed by the municipal finance departments. Fines collected shall be turned over to the State Treasury in accordance with relevant regulations. Article 52 (Administrative Reconsideration and Litigation) If the party concerned finds the administrative department's specific act unacceptable, he/she may apply for administrative reconsideration or bring an action in accordance with the provisions of "Regulation on Administrative Reconsideration" , and "Administrative Litigation Law of the People's Republic of China". The administrative department that has made the specific administrative act may, in accordance with the provisions of "Administrative Litigation Law of the People's Republic of China" , apply to the people's court for enforcement in case the party concerned neither applies for reconsideration, nor bring an action, nor perform the specific administrative act within the time limit prescribed by law- Article 53 (Penalty on Passenger Transport Administrative Personnel) Passenger transport administrative personnel who fail to perform their duties of supervision and inspection in accordance with the present Procedures, or abuse their power, neglect their duty, engage in malpractices for selfish ends, shall be given disciplinary sanction by the unit they belong to, or by their superior responsible departments. In case their acts constitute a crime, they shall be prosecuted for their criminal liabilities. Chapter Άχ Supplementary Provisions Article 54 (Retrospective Force) Line operators chosen before the implementation of the present Procedures shall go to the Municipal Public Utilities Bureau to complete the formalities of applying for qualification certificates within 90days after the present procedures become effective. Article 55 (Delegated Administration in the New Pudong Area) The Municipal Public Utilities Bureau shall delegate to the administrative department of urban construction of the New Pudong Area the authority to examine and approve the opening and extending of bus, tram and trolleybus lines in the New Pudong Area, supervise line operations and penalize acts violating the present procedures. Article 56 (Departments Responsible for Interpretation of Application) The Municipal Public Utilities Bureau shall be responsible for the interpretation of the present procedures in their specific. Article 57 (Date of Implementation) The present procedures shall become affective on June 1,1997. |
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