# 255.913 Deviation from the requirements of this Part. **Citation:** 16 NYCRR 255.913 **Type / status:** regulation / current **Agency:** New York State Public Service Commission **Effective:** Not stated **Published:** Not stated Transmission and Distribution of Gas. ASME/ANSI B31.8S (as described in section 10.3 of this Title) provides the essential features of a performance-based or a prescriptive integrity management program. An operator that uses a performance-based approach that satisfies the requirements for exceptional performance in subdivision (b) of this section may deviate from certain requirements in sections ## Document text ASME/ANSI B31.8S (as described in section 10.3 of this Title) provides the essential features of a performance-based or a prescriptive integrity management program. An operator that uses a performance-based approach that satisfies the requirements for exceptional performance in subdivision (b) of this section may deviate from certain requirements in sections 255.901 through 255.951 of this Part, as provided in subdivision (c) of this section. An operator must be able to demonstrate the exceptional performance of its integrity management program through the following actions. (1) To deviate from any of the requirements set forth in subdivision (c) of this section, an operator must have a performance-based integrity management program that meets or exceed the performance-based requirements of ASME/ANSI B31.8S and includes, at a minimum, the following elements: (i) a comprehensive process for risk analysis; (ii) all risk factor data used to support the program; (iii) a comprehensive data integration process; (iv) a procedure for applying lessons learned from assessment of covered pipeline segments to pipeline segments not covered by sections 255.901 through 255.951 of this Part; (v) a procedure for evaluating every incident, including its cause, within the operator's sector of the pipeline industry for implications both to the operator's pipeline system and to the operator's integrity management program; (vi) a performance matrix that demonstrates the program has been effective in ensuring the integrity of the covered segments by controlling the identified threats to the covered segments; (vii) semiannual performance measures beyond those required in section 255.945 of this Part that are part of the operator's performance plan. (See section 255.91l[i] of this Part.) An operator must submit these measures, by electronic or other means, on a semiannual frequency to the department and OPS in accordance with section 255.951 of this Part; and (viii) an analysis that supports the desired integrity reassessment interval and the remediation methods to be used for all covered segments. (2) In addition to the requirements for the performance-based plan, an operator must: (i) Have completed at least two integrity assessments on each covered pipeline segment the operator is including under the performance based approach, and be able to demonstrate that each assessment effectively addressed the identified threats on the covered segment. (ii) Remediate all anomalies identified in the more recent assessment according to the requirements in section 255.933 of this Part, and incorporate the results and lessons learned from the more recent assessment into the operator's data integration and risk assessment. Once an operator has demonstrated that it has satisfied the requirements of subdivision (b) of this section, the operator may deviate from the prescriptive requirements of ASME/ANSI B31.8S and of sections 255.901 through 255.951 of this Part only in the following instances: (1) The time frame for reassessment as provided in section 255.939 of this Part except that reassessment by some method allowed under sections 255.901 through 255.951 of this Part (e.g., confirmatory direct assessment) must be carried out at intervals no longer than seven years. (2) The time frame for remediation as provided in section 255.933 of this Part if the operator demonstrates the time frame will not jeopardize the safety of the covered segment. ## Provenance - Official: Yes - Source: - Source ID: `ny-dps-nycrr` - SHA-256: `d09b6eed2529d29bbcbc0affbd050e87cfd9843a49e4a22a1db2f6003b6a884e` - Retrieved: 2026-08-12T06:20:40.894Z - Exported: 2026-08-23T05:33:36.134Z - Document slug: `ny-nycrr-255-913` ### Source metadata ```json { "jurisdiction": "US-NY", "title": 16, "part": "255", "partTitle": "Transmission and Distribution of Gas", "scopeKind": "gas-pipeline-safety", "tocPath": [ "Part 255 Transmission and Distribution of Gas", "Transmission Pipeline Integrity Management" ], "legalScope": "Complete current terminal legal unit exposed by the DPS-designated Title 16 NYCRR pipeline-safety part inventory.", "applicabilityCaveat": "Applicability depends on the part and section, Commission jurisdiction, commodity and facility type, intrastate or interstate status, operator and activity, exemptions, waivers, federal preemption, Commission orders, and incorporated law. DPS inspects portions of interstate systems for PHMSA, but PHMSA retains federal enforcement authority. DPS states that all jurisdictional Part 256 gas-holder and Part 257 LPG-plant facilities have been decommissioned even though those regulations remain unrepealed.", "incorporationCaveat": "These parts incorporate or rely on federal pipeline regulations, federal and New York statutes, Commission rules and orders, and privately authored technical standards. Part 10 supplies incorporation details. References metadata preserves explicit citations but does not reproduce external material, determine licensing rights, or decide whether a particular incorporation is static or dynamic.", "publicationCaveat": "The New York Department of Public Service identifies these eleven Title 16 NYCRR parts as its state pipeline-safety regulations and links to the public DOS/Westlaw NYCRR reading copy. That site labels the online text unofficial and directs users needing evidentiary accuracy to the Official NYCRR maintained by the Department of State Division of Administrative Rules. Each section's 'Current through' date is the most recent official NYCRR supplement covering that section, not a uniform corpus-wide amendment date.", "rights": "New York government-edict text is preserved with DPS, Department of State, and publisher attribution. The public reading site's presentation and enhancements, agency marks, forms, annotations, and incorporated federal or privately authored standards require separate rights review; this connector does not claim rights in those materials.", "rightsReviewRequired": true, "currentThrough": "2024-05-31", "historyEvents": "No event is emitted because the section reading copy does not supply an explicit adoption, filing, or effective-date history.", "publisherCitation": "16 CRR-NY 255.913", "identityAnomaly": null, "references": [ { "citation": "16 NYCRR 10.3", "referenceType": "new-york-administrative-code", "url": "https://govt.westlaw.com/nycrr/Document/I50525ddbcd1711dda432a117e6e0f345?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)" }, { "citation": "16 NYCRR 255.901", "referenceType": "new-york-administrative-code", "url": "https://govt.westlaw.com/nycrr/Document/I505da86fcd1711dda432a117e6e0f345?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)" }, { "citation": "16 NYCRR 255.945", "referenceType": "new-york-administrative-code", "url": "https://govt.westlaw.com/nycrr/Document/I505dcf79cd1711dda432a117e6e0f345?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)" }, { "citation": "16 NYCRR 255.951", "referenceType": "new-york-administrative-code", "url": "https://govt.westlaw.com/nycrr/Document/I505dcf82cd1711dda432a117e6e0f345?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)" }, { "citation": "16 NYCRR 255.933", "referenceType": "new-york-administrative-code", "url": "https://govt.westlaw.com/nycrr/Document/I505dcf67cd1711dda432a117e6e0f345?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)" }, { "citation": "16 NYCRR 255.939", "referenceType": "new-york-administrative-code", "url": "https://govt.westlaw.com/nycrr/Document/I505dcf70cd1711dda432a117e6e0f345?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)" } ], "region": "NY" } ```