# 255.935 Preventive and mitigative measures to protect the high consequence areas. **Citation:** 16 NYCRR 255.935 **Type / status:** regulation / current **Agency:** New York State Public Service Commission **Effective:** Not stated **Published:** Not stated Transmission and Distribution of Gas. An operator must take additional measures beyond those already required by this Part to prevent a pipeline failure and to mitigate the consequences of a pipeline failure in a high consequence area. An operator must base the additional measures on the threats the operator has identified to each pipeline segment. (See section 255.917 of this Part.) An operator ## Document text An operator must take additional measures beyond those already required by this Part to prevent a pipeline failure and to mitigate the consequences of a pipeline failure in a high consequence area. An operator must base the additional measures on the threats the operator has identified to each pipeline segment. (See section 255.917 of this Part.) An operator must conduct, in accordance with one of the risk assessment approaches in ASME/ANSI B31.8S (as described in section 10.3 of this Title), section 5, a risk analysis of its pipeline to identify additional measures to protect the high consequence area and enhance public safety. Such additional measures include, but are not limited to, installing automatic shut-off valves or remote control valves, installing computerized monitoring and leak detection systems, replacing pipe segments with pipe of heavier wall thickness, providing additional training to personnel on response procedures, conducting drills with local emergency responders and implementing additional inspection and maintenance programs. (1) Third party damage. An operator must enhance its damage prevention program, as required under section 255.614 of this Part, with respect to a covered segment to prevent and minimize the consequences of a release due to third party damage. Enhanced measures to an existing damage prevention program include, at a minimum: (i) using qualified personnel (see section 255.915 of this Part) for work an operator is conducting that could adversely affect the integrity of a covered segment, such as marking, locating, and direct supervision of known excavation work; (ii) collecting in a central database information that is location specific on excavation damage that occurs in covered and non covered segments in the transmission system and the root cause analysis to support identification of targeted additional preventative and mitigative measures in the high consequence areas. This information must include recognized damage that is not required to be reported as an incident under sections 255.801(a) and 255.831 of this Part; (iii) participating in one-call systems in locations where covered segments are present; (iv) monitoring of excavations conducted on covered pipeline segments by pipeline personnel. If an operator finds physical evidence of encroachment involving excavation that the operator did not monitor near a covered segment, an operator must either excavate the area near the encroachment or conduct an above ground survey using methods defined in NACE RP 0502 (as described in section 10.3 of this Title). An operator must excavate, and remediate, in accordance with ANSI/ASME B31.8S and section 255.933 of this Part any indication of coating holidays or discontinuity warranting direct examination. (2) Outside force damage. If an operator determines that outside force (e.g., earth movement, floods, unstable suspension bridge) is a threat to the integrity of a covered segment, the operator must take measures to minimize the consequences to the covered segment from outside force damage. These measures include, but are not limited to, increasing the frequency of aerial, foot or other methods of patrols, adding external protection, reducing external stress, and relocating the line. If an operator determines, based on a risk analysis, that an ASV or RCV would be an efficient means of adding protection to a high consequence area in the event of a gas release, an operator must install the ASV or RCV. In making that determination, an operator must, at least, consider the following factors - swiftness of leak detection and pipe shutdown capabilities, the type of gas being transported, operating pressure, the rate of potential release, pipeline profile, the potential for ignition, and location of nearest response personnel. An operator of a transmission pipeline operating below 30 percent SMYS located in a high consequence area must follow the requirements in paragraphs (1) and (2) of this subdivision. An operator of a transmission pipeline operating below 30 percent SMYS located in a class 3 or class 4 area but not in a high consequence area must follow the requirements in paragraphs (1), (2) and (3) of this subdivision. (1) Apply the requirements in subparagraphs (b)(1)(i) and (iii) of this section to the pipeline. (2) Either monitor excavations near the pipeline, or conduct patrols as required by section 255.705 of this Part of the pipeline at bi-monthly intervals. If an operator finds any indication of unreported construction activity, the operator must conduct a follow up investigation to determine if mechanical damage has occurred. (3) Perform semiannual leak surveys (quarterly for unprotected pipelines or cathodically protected pipe where electrical surveys are impractical). An operator of a plastic transmission pipeline must apply the requirements in subparagraphs (b)(1)(i), (iii) and (iv) of this section to the covered segments of the pipeline. ## Provenance - Official: Yes - Source: - Source ID: `ny-dps-nycrr` - SHA-256: `c765a5eee54bf8f54deea2a482f83a9d6992acb5c1b0ad3d73a44079d6469b39` - Retrieved: 2026-08-12T06:20:40.894Z - Exported: 2026-08-24T16:37:19.499Z - Document slug: `ny-nycrr-255-935` ### 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 255.935", "identityAnomaly": null, "references": [ { "citation": "16 NYCRR 255.917", "referenceType": "new-york-administrative-code", "url": "https://govt.westlaw.com/nycrr/Document/I505da887cd1711dda432a117e6e0f345?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)" }, { "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 255.614", "referenceType": "new-york-administrative-code", "url": "https://govt.westlaw.com/nycrr/Document/I505d5a20cd1711dda432a117e6e0f345?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)" }, { "citation": "16 NYCRR 255.915", "referenceType": "new-york-administrative-code", "url": "https://govt.westlaw.com/nycrr/Document/I505da884cd1711dda432a117e6e0f345?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)" }, { "citation": "16 NYCRR 255.801", "referenceType": "new-york-administrative-code", "url": "https://govt.westlaw.com/nycrr/Document/I505d816ecd1711dda432a117e6e0f345?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 255.705", "referenceType": "new-york-administrative-code", "url": "https://govt.westlaw.com/nycrr/Document/I505d5a41cd1711dda432a117e6e0f345?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)" } ], "region": "NY" } ```