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[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2003]
[CITE: 49CFR220]
[Page 248-255]
TITLE 49--TRANSPORTATION
CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
PART 220--RAILROAD COMMUNICATIONS
Subpart A--General
Sec.
220.1 Scope.
220.2 Preemptive effect.
220.3 Application.
220.5 Definitions.
220.7 Penalty.
220.8 Waivers.
220.9 Requirements for trains.
220.11 Requirements for roadway workers.
220.13 Reporting emergencies.
Subpart B--Radio and Wireless Communication Procedures
220.21 Railroad operating rules; radio communications; recordkeeping.
220.23 Publication of radio information.
220.25 Instruction and operational testing of employees.
220.27 Identification.
220.29 Statement of letters and numbers in radio communications.
220.31 Initiating a radio transmission.
220.33 Receiving a radio transmission.
220.35 Ending a radio transmission.
220.37 Testing radio and wireless communication equipment.
220.38 Communication equipment failure.
220.39 Continuous radio monitoring.
220.41 [Reserved]
220.43 Radio communications consistent with federal regulations and
railroad operating rules.
220.45 Radio communication shall be complete.
220.47 Emergency radio transmissions.
220.49 Radio communication used in shoving, backing or pushing
movements.
220.51 Radio communications and signal indications.
220.61 Radio transmission of mandatory directives.
Appendix A to Part 220--Recommended Phonetic Alphabet
Appendix B to Part 220--Recommended Pronunciation of Numerals
Appendix C to Part 220--Schedule of Civil Penalties
Authority: 49 U.S.C. 20102-20103, 20107, 21301-21302, 21304, 21311;
28 U.S.C. 2461, note; and 49 CFR 1.49.
Source: 63 FR 47195, Sept. 4, 1998, unless otherwise noted.
Subpart A--General
Sec. 220.1 Scope.
This part prescribes minimum requirements governing the use of
wireless communications in connection with railroad operations. So long
as these minimum requirements are met, railroads may adopt additional or
more stringent requirements.
Sec. 220.2 Preemptive effect.
Under 49 U.S.C. 20106 (formerly section 205 of the Federal Railroad
Safety Act of 1970, 45 U.S.C. 434), issuance of the regulations in this
part preempts any State law, rule, regulation, order, or standard
covering the same subject matter, except a provision necessary to
eliminate or reduce an essentially local safety hazard that is not
incompatible with this part and that does not unreasonably burden
interstate commerce.
Sec. 220.3 Application.
(a) Except as provided in paragraph (b) of this section, this part
applies to railroads that operate trains or other rolling equipment on
standard gage track which is part of the general railroad system of
transportation.
(b) This part does not apply to:
(1) A railroad that operates only on track inside an installation
which is not part of the general railroad system of transportation; or
(2) Rapid transit operations in an urban area that are not connected
with the general railroad system of transportation.
Sec. 220.5 Definitions.
As used in this part, the term:
Adjacent tracks means two or more tracks with track centers spaced
less than 25 feet apart.
Control center means the locations on a railroad from which the
railroad issues instructions governing railroad operations.
Division headquarters means the location designated by the railroad
where a high-level operating manager (e.g., a superintendent, division
manager, or equivalent), who has jurisdiction over a portion of the
railroad, has an office.
Employee means an individual who is engaged or compensated by a
railroad or by a contractor to a railroad, who is authorized by a
railroad to use its wireless communications in connection with railroad
operations.
[[Page 249]]
Immediate access to a radio means a radio on the employee's person,
or sufficiently close to the employee to allow the employee to make and
receive radio transmissions.
Joint operations means rail operations conducted by more than one
railroad on the track of a railroad subject to the requirements of
Sec. 220.9(a), except as necessary for the purpose of interchange.
Locomotive means a piece of on-track equipment other than hi-rail,
specialized maintenance, or other similar equipment--
(1) With one or more propelling motors designed for moving other
equipment;
(2) With one or more propelling motors designed to carry freight or
passenger traffic, or both; or
(3) Without propelling motors but with one or more control stands.
Lone worker means an individual roadway worker who is not being
afforded on-track safety by another roadway worker, who is not a member
of a roadway work group, and who is not engaged in a common task with
another roadway worker.
Mandatory directive means any movement authority or speed
restriction that affects a railroad operation.
Railroad operation means any activity which affects the movement of
a train, locomotive, on-track equipment, or track motor car, singly or
in combination with other equipment, on the track of a railroad.
Roadway worker means any employee of a railroad, or of a contractor
to a railroad, whose duties include inspection, construction,
maintenance or repair of railroad track, bridges, roadway, signal and
communication systems, electric traction systems, roadway facilities or
roadway maintenance machinery on or near track or with the potential of
fouling a track, and flagmen and watchmen/lookouts.
System headquarters means the location designated by the railroad as
the general office for the railroad system.
Train means one or more locomotives coupled with or without cars,
requiring an air brake test in accordance with 49 CFR part 232 or part
238, except during switching operations or where the operation is that
of classifying and assembling rail cars within a railroad yard for the
purpose of making or breaking up trains.
Working radio means a radio that can communicate with the control
center of the railroad (through repeater stations, if necessary to reach
the center) from any location within the rail system, except:
(1) Tunnels or other localized places of extreme topography, and
(2) Temporary lapses of coverage due to atmospheric or topographic
conditions. In the case of joint operations on another railroad, the
radio must be able to reach the control center of the host railroad.
Working wireless communications means the capability to communicate
with either a control center or the emergency responder of a railroad
through such means as radio, portable radio, cellular telephone, or
other means of two-way communication, from any location within the rail
system, except:
(1) Tunnels or other localized places of extreme topography, and
(2) Temporary lapses of coverage due to atmospheric or topographic
conditions. In the case of joint operations on another railroad, the
radio must be able to reach the control center of the host railroad.
[63 FR 47195, Sept. 4, 1998, as amended at 65 FR 41305, July 3, 2000]
Sec. 220.7 Penalty.
Any person (including but not limited to a railroad; any manager,
supervisor, official, or other employee or agent of a railroad; any
owner, manufacturer, lessor, or lessee of railroad equipment, track, or
facilities; any independent contractor providing goods or services to a
railroad; and any employee of such owner, manufacturer, lessor, lessee,
or independent contractor) who violates any requirement of this part or
causes the violation of any such requirement is subject to a civil
penalty of at least $500 and not more than $11,000 per violation, except
that: Penalties may be assessed against individuals only for willful
violations; where a grossly negligent violation or a pattern of repeated
violations has created an imminent hazard of death or injury, or has
caused death or injury, a
[[Page 250]]
penalty not to exceed $22,000 per violation may be assessed; and the
standard of liability for a railroad will vary depending upon the
requirement involved. Each day a violation continues shall constitute a
separate offense. (See appendix C to this part for a statement of agency
civil penalty policy.)
Sec. 220.8 Waivers.
(a) Any person subject to a requirement of this part may petition
the Administrator for a waiver of compliance with such requirement. The
filing of such a petition does not affect that person's responsibility
for compliance with that requirement while the petition is being
considered.
(b) Each petition for waiver must be filed in the manner and contain
the information required by part 211 of this chapter.
(c) If the Administrator finds that a waiver of compliance is in the
public interest and is consistent with railroad safety, the
Administrator may grant the waiver subject to any conditions the
Administrator deems necessary.
Sec. 220.9 Requirements for trains.
(a) Except as provided for in paragraphs (b)(1) through (4) of this
section, on and after July 1, 1999, each occupied controlling locomotive
in a train shall have a working radio, and each train shall also have
communications redundancy. For purposes of this section,
``communications redundancy'' means a working radio on another
locomotive in the consist or other means of working wireless
communications.
(b) On and after July 1, 2000, the following requirements apply to a
railroad that has fewer than 400,000 annual employee work hours:
(1) Any train that transports passengers shall be equipped with a
working radio in the occupied controlling locomotive and with redundant
working wireless communications capability in the same manner as
provided in paragraph (a) of this section.
(2) Any train that operates at greater than 25 miles per hour; or
engages in joint operations on track where the maximum authorized speed
for freight trains exceeds 25 miles per hour; or engages in joint
operations on a track that is adjacent to and within 30 feet measured
between track center lines of another track on which the maximum
authorized speed for passenger trains exceeds 40 miles per hour, shall
be equipped with a working radio in the occupied controlling locomotive.
(3) Any train that engages in joint operations, where the maximum
authorized speed of the track is 25 miles per hour or less, shall be
equipped with working wireless communications in the occupied
controlling locomotive.
(4) Any train not described in paragraph (b) of this section that
transports hazardous material required to be placarded under the
provisions of part 172 of this title shall be equipped with working
wireless communications in the occupied controlling locomotive.
Sec. 220.11 Requirements for roadway workers.
(a) On and after July 1, 1999, the following requirements apply to a
railroad that has 400,000 or more annual employee work hours:
(1) Maintenance-of-way equipment operating without locomotive
assistance between work locations shall have a working radio on at least
one such unit in each multiple piece of maintenance-of-way equipment
traveling together under the same movement authority. The operators of
each additional piece of maintenance-of-way equipment shall have
communications capability with each other.
(2) Each maintenance-of-way work group shall have intra-group
communications capability upon arriving at a work site.
(b) On and after July 1, 1999, each employee designated by the
employer to provide on-track safety for a roadway work group or groups,
and each lone worker, shall be provided, and where practicable, shall
maintain immediate access to a working radio. When immediate access to a
working radio is not available, the employee responsible for on-track
safety or lone worker shall be equipped with a radio capable of
monitoring transmissions from train movements in the vicinity. A
railroad with fewer than 400,000 annual employee work hours may provide
immediate access to working wireless communications as an alternative to
a working radio.
[[Page 251]]
(c) This section does not apply to:
(1) Railroads which have fewer than 400,000 annual employee work
hours, and which do not operate trains in excess of 25 miles per hour;
or
(2) Railroad operations where the work location of the roadway work
group or lone worker:
(i) Is physically inaccessible to trains; or
(ii) Has no through traffic or traffic on adjacent tracks during the
period when roadway workers will be present.
Sec. 220.13 Reporting emergencies.
(a) Employees shall immediately report by the quickest means
available derailments, collisions, storms, wash-outs, fires,
obstructions to tracks, and other hazardous conditions which could
result in death or injury, damage to property or serious disruption of
railroad operations.
(b) In reporting emergencies, employees shall follow:
(1) The procedures of Sec. 220.47 when using a radio; or
(2) The procedures specified for reporting emergencies in the
railroad's timetables or timetable special instructions, when using
another means of wireless communications.
(c) Employees shall describe as completely as possible the nature,
degree and location of the hazard.
(d) An alternative means of communications capability shall be
provided whenever the control center is unattended or unable to receive
radio transmissions during a period in which railroad operations are
conducted.
Subpart B--Radio and Wireless Communication Procedures
Sec. 220.21 Railroad operating rules; radio communications;
recordkeeping.
(a) The operating rules of each railroad with respect to radio
communications shall conform to the requirements of this part.
(b) Thirty days before commencing to use radio communications in
connection with railroad operations each railroad shall retain one copy
of its current operating rules with respect to radio communications at
the locations prescribed in paragraphs (b) (1) and (b)(2) of this
section. Each amendment to these operating rules shall be filed at such
locations within 30 days after it is issued. These records shall be made
available to representatives of the Federal Railroad Administration for
inspection and photocopying during normal business hours.
(1) Each Class I railroad, each Class II railroad, each railroad
providing intercity rail passenger service, and each railroad providing
commuter service in a metropolitan or suburban area shall retain such
rules at each of its division headquarters and at its system
headquarters; and (2) Each Class III railroad and any other railroad
subject to this part but not subject to paragraph (b)(1) of this section
shall retain such rules at the system headquarters of the railroad.
(c) For purposes of this section, the terms Class I railroad, Class
II railroad, and Class III railroad have the meaning given these terms
in 49 CFR Part 1201.
Sec. 220.23 Publication of radio information.
Each railroad shall designate where radio base stations are
installed, where wayside stations may be contacted, and the appropriate
radio channels used by these stations in connection with railroad
operations by publishing them in a timetable or special instruction. The
publication shall indicate the periods during which base and wayside
radio stations are operational.
Sec. 220.25 Instruction and operational testing of employees.
Each employee who a railroad authorizes to use a radio in connection
with a railroad operation, shall be:
(a) Provided with a copy of the railroad's operating rules governing
the use of radio communication in a railroad operation;
(b) Instructed in the proper use of radio communication as part of
the program of instruction prescribed in Sec. 217.11 of this chapter;
and
(c) Periodically tested under the operational testing requirements
in Sec. 217.9 of this chapter.
[[Page 252]]
Sec. 220.27 Identification.
(a) Except as provided in paragraph (c) of this section, the
identification of each wayside, base or yard station shall include at
least the following minimum elements, stated in the order listed:
(1) Name of railroad. An abbreviated name or initial letters of the
railroad may be used where the name or initials are in general usage and
are understood in the railroad industry; and
(2) Name and location of office or other unique designation.
(b) Except as provided in paragraph (c) of this section, the
identification of each mobile station shall consist of the following
elements, stated in the order listed:
(1) Name of railroad. An abbreviated name or initial letters of the
railroad may be used where the name or initial letters are in general
usage and are understood in the railroad industry;
(2) Train name (number), if one has been assigned, or other
appropriate unit designation; and
(3) When necessary, the word ``locomotive'', ``motorcar'', or other
unique identifier which indicates to the listener the precise mobile
transmitting station.
(c) If positive identification is achieved in connection with
switching, classification, and similar operations wholly within a yard,
fixed and mobile units may use short identification after the initial
transmission and acknowledgment consistent with applicable Federal
Communications Commission regulations governing ``Station
Identification''.
Sec. 220.29 Statement of letters and numbers in radio communications.
(a) If necessary for clarity, a phonetic alphabet shall be used to
pronounce any letter used as an initial, except initial letters of
railroads. See appendix A of this part for the recommended phonetic
alphabet.
(b) A word which needs to be spelled for clarity, such as a station
name, shall first be pronounced, and then spelled. If necessary, the
word shall be spelled again, using a phonetic alphabet.
(c) Numbers shall be spoken by digit, except that exact multiples of
hundreds and thousands may be stated as such. A decimal point shall be
indicated by the words ``decimal,'' ``dot,'' or ``point.'' (See appendix
B to this part, for a recommended guide to the pronunciation of
numbers.)
Sec. 220.31 Initiating a radio transmission.
Before transmitting by radio, an employee shall:
(a) Listen to ensure that the channel on which the employee intends
to transmit is not already in use;
(b) Identify the employee's station in accordance with the
requirements of Sec. 220.27; and
(c) Verify that the employee has made radio contact with the person
or station with whom the employee intends to communicate by listening
for an acknowledgment. If the station acknowledging the employee's
transmission fails to identify itself properly, the employee shall
require a proper identification before proceeding with the transmission.
Sec. 220.33 Receiving a radio transmission.
(a) Upon receiving a radio call, an employee shall promptly
acknowledge the call, identifying the employee's station in accordance
with the requirements of Sec. 220.27 and stand by to receive. An
employee need not attend the radio during the time that this would
interfere with other immediate duties relating to the safety of railroad
operations.
(b) An employee who receives a transmission shall repeat it to the
transmitting party unless the communication:
(1) Relates to yard switching operations;
(2) Is a recorded message from an automatic alarm device; or
(3) Is general in nature and does not contain any information,
instruction or advice which could affect the safety of a railroad
operation.
Sec. 220.35 Ending a radio transmission.
(a) Except for transmissions relating to yard switching operations,
at the close of each transmission to which a response is expected, the
transmitting
[[Page 253]]
employee shall say ``over'' to indicate to the receiving employee that
the transmission is ended.
(b) Except for transmissions relating to yard switching operations,
at the close of each transmission to which no response is expected, the
transmitting employee shall state the employee's identification followed
by the word ``out'' to indicate to the receiving employee that the
exchange of transmissions is complete.
Sec. 220.37 Testing radio and wireless communication equipment.
(a) Each radio, and all primary and redundant wireless communication
equipment used under Secs. 220.9 and 220.11, shall be tested as soon as
practicable to ensure that the equipment functions as intended prior to
the commencement of the work assignment.
(b) The test of a radio shall consist of an exchange of voice
transmissions with another radio. The employee receiving the
transmission shall advise the employee conducting the test of the
clarity of the transmission.
Sec. 220.38 Communication equipment failure.
(a) Any radio or wireless communication device found not to be
functioning as intended when tested pursuant to Sec. 220.37 shall be
removed from service and the dispatcher or other employee designated by
the railroad shall be so notified as soon as practicable.
(b) If a radio or wireless communication device fails on the
controlling locomotive en route, the train may continue until the
earlier of--
(1) The next calendar day inspection, or
(2) The nearest forward point where the radio or wireless
communication device can be repaired or replaced.
Sec. 220.39 Continuous radio monitoring.
Each radio used in a railroad operation shall be turned on to the
appropriate channel as designated in Sec. 220.23 and adjusted to receive
communications.
Sec. 220.41 [Reserved]
Sec. 220.43 Radio communications consistent with federal regulations
and railroad operating rules.
Radio communication shall not be used in connection with a railroad
operation in a manner which conflicts with the requirements of this
part, Federal Communication Commission regulations, or the railroad's
operating rules. The use of citizen band radios for railroad operating
purposes is prohibited.
Sec. 220.45 Radio communication shall be complete.
Any radio communication which is not fully understood or completed
in accordance with the requirements of this part and the operating rules
of the railroad, shall not be acted upon and shall be treated as though
not sent.
Sec. 220.47 Emergency radio transmissions.
An initial emergency radio transmission shall be preceded by the
word ``emergency,'' repeated three times. An emergency transmission
shall have priority over all other transmissions and the frequency or
channel shall be kept clear of non-emergency traffic for the duration of
the emergency communication.
Sec. 220.49 Radio communication used in shoving, backing or pushing
movements.
When radio communication is used in connection with the shoving,
backing or pushing of a train, locomotive, car, or on-track equipment,
the employee directing the movement shall specify the distance of the
movement, and the movement shall stop in one-half the remaining distance
unless additional instructions are received. If the instructions are not
understood, the movement shall be stopped immediately and may not be
resumed until the misunderstanding has been resolved, radio contact has
been restored, or communication has been achieved by hand signals or
other procedures in accordance with the operating rules of the railroad.
[[Page 254]]
Sec. 220.51 Radio communications and signal indications.
(a) No information may be given by radio to a train or engine crew
about the position or aspect displayed by a fixed signal. However, a
radio may be used by a train crew member to communicate information
about the position or aspect displayed by a fixed signal to other
members of the same crew.
(b) Except as provided in the railroad's operating rules, radio
communication shall not be used to convey instructions which would have
the effect of overriding the indication of a fixed signal.
Sec. 220.61 Radio transmission of mandatory directives.
(a) Each mandatory directive may be transmitted by radio only when
authorized by the railroad's operating rules. The directive shall be
transmitted in accordance with the railroad's operating rules and the
requirements of this part.
(b) The procedure for transmission of a mandatory directive is as
follows:
(1) The train dispatcher or operator shall call the addressees of
the mandatory directive and state the intention to transmit the
mandatory directive.
(2) Before the mandatory directive is transmitted, the employee to
receive and copy shall state the employee's name, identification,
location, and readiness to receive and copy. An employee operating the
controls of moving equipment shall not receive and copy mandatory
directives. A mandatory directive shall not be transmitted to employees
on moving equipment, if such directive cannot be received and copied
without impairing safe operation of the equipment.
(3) A mandatory directive shall be copied in writing by the
receiving employee in the format prescribed in the railroad's operating
rules.
(4) After the mandatory directive has been received and copied, it
shall be immediately repeated in its entirety. After verifying the
accuracy of the repeated mandatory directive, the train dispatcher or
operator shall then state the time and name of the employee designated
by the railroad who is authorized to issue mandatory directives. An
employee copying a mandatory directive shall then acknowledge by
repeating the time and name of the employee so designated by the
railroad.
(5)(i) For train crews, before a mandatory directive is acted upon,
the conductor and engineer shall each have a written copy of the
mandatory directive and make certain that the mandatory directive is
read and understood by all members of the crew who are responsible for
the operation of the train. Mandatory directives which have been
fulfilled or canceled shall be marked with an ``X'' or in accordance
with the railroad's operating rules, and retained for the duration of
the train crew's work assignment.
(ii) For on-track equipment, before a mandatory directive is acted
upon, the employee responsible for on-track safety shall have a written
copy of the mandatory directive, and make certain that the mandatory
directive is acknowledged by all employees who are responsible for
executing that mandatory directive. The employee responsible for on-
track safety shall retain a copy of the mandatory directive while it is
in effect.
(6) A mandatory directive which has not been completed or which does
not comply with the requirements of the railroad's operating rules and
this part, may not be acted upon and shall be treated as though not
sent. Information contained in a mandatory directive may not be acted
upon by persons other than those to whom the mandatory directive is
addressed.
Appendix A to Part 220--Recommended Phonetic Alphabet
A--ALFA
B--BRAVO
C--CHARLIE
D--DELTA
E--ECHO
F--FOXTROT
G--GOLF
H--HOTEL
I--INDIA
J--JULIET
K--KILO
L--LIMA
M--MIKE
N--NOVEMBER
O--OSCAR
P--PAPA
Q--QUEBEC
R--ROMEO
S--SIERRA
[[Page 255]]
T--TANGO
U--UNIFORM
V--VICTOR
W--WHISKEY
X--XRAY
Y--YANKEE
Z--ZULU
The letter ``ZULU'' should be written as ``Z'' to distinguish it
from the numeral ``2''.
Editorial Note: At 63 FR 11621, Mar. 10, 1998, an amendment was
published amending footnote 1 to appendix A of part 220. The amendment
could not be incorporated because footnote 1 to appendix A of part 220
does not exist in 49 CFR parts 200 to 399, revised as of Oct. 1, 1997.
Appendix B to Part 220--Recommended Pronunciation of Numerals
To distinguish numbers from similar sounding words, the word
``figures''should be used preceding such numbers. Numbers should be
pronounced as follows:
------------------------------------------------------------------------
Number Spoken
------------------------------------------------------------------------
0........................................ ZERO.
1........................................ WUN.
2........................................ TOO.
3........................................ THUH-REE-.
4........................................ FO-WER.
5........................................ FI-YIV.
6........................................ SIX.
7........................................ SEVEN.
8........................................ ATE.
9........................................ NINER.
------------------------------------------------------------------------
(The figure ZERO should be written as ``0'' to distinguish it from
the letter ``O''. The figure ONE should be underlined to distinguish it
from the letter ``I''. When railroad rules require that numbers be
spelled, these principles do not apply.)
The following examples illustrate the recommended pronunciation of
numerals:
------------------------------------------------------------------------
Number Spoken
------------------------------------------------------------------------
44..................................... FO-WER FO-WER.
500.................................... FI-YIV HUNDRED.
1000................................... WUN THOUSAND.
1600................................... WUN SIX HUNDRED.
14899.................................. WUN FO-WER ATE
NINER NINER.
20.3................................... TOO ZERO DECIMAL
THUH-REE.
------------------------------------------------------------------------
Appendix C to Part 220--Schedule of Civil Penalties \1\
---------------------------------------------------------------------------
\1\ A penalty may be assessed against and only for a willful
violation. The Administrator reserves the right to assess a penalty of
up to $22,000 for any violation where circumstances warrant. See 49 CFR
part 209, appendix A.
------------------------------------------------------------------------
Willful
Section Violation violation
------------------------------------------------------------------------
220.9 Requirements for trains................. $5,000 $7,500
220.11 Requirements for roadway workers....... 5,000 7,500
220.21 Railroad Operating rules; radio
communications...............................
(a)........................................... 5,000 7,500
(b)........................................... 2,500 5,000
220.23 Publication of radio information....... 2,500 5,000
220.25 Instruction of employees............... 5,000 7,500
220.27 Identification......................... 1,000 2,000
220.29 Statement of letters and numbers....... 1,000 2,000
220.31 Initiating a transmission.............. 1,000 2,000
220.33 Receiving a transmission............... 1,000 2,000
220.35 Ending a transmission.................. 1,000 2,000
220.37 Voice test............................. 5,000 7,500
220.39 Continuous monitoring.................. 2,500 5,000
220.41 [Reserved]............................. ........... ...........
220.43 Communication consistent with the rules 2,500 5,000
220.45 Complete communications................ 2,500 5,000
220.47 Emergencies............................ 2,500 5,000
220.49 Switching, backing or pushing.......... 5,000 7,500
220.51 Signal indications..................... 5,000 7,500
220.61 Radio transmission of mandatory 5,000 7,500
directives...................................
------------------------------------------------------------------------
[[Page 256]]
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