# 255.943 Deviation from reassessment intervals.

**Citation:** 16 NYCRR 255.943  
**Type / status:** regulation / current  
**Agency:** New York State Public Service Commission  
**Effective:** Not stated  
**Published:** Not stated

Transmission and Distribution of Gas. In the following limited instances, the department and OPS may allow a waiver from a reassessment interval required by section 255.939 of this Part if the department and OPS find a waiver would not be inconsistent with pipeline safety.

(1) Lack of internal inspection tools. An operator who uses internal inspection as an assessment method may be able to just

## Document text

In the following limited instances, the department and OPS may allow a waiver from a reassessment interval required by section 255.939 of this Part if the department and OPS find a waiver would not be inconsistent with pipeline safety.

(1) Lack of internal inspection tools. An operator who uses internal inspection as an assessment method may be able to justify a longer reassessment period for a covered segment if internal inspection tools are not available to assess the line pipe. To justify this, the operator must demonstrate that it cannot obtain the internal inspection tools within the required reassessment period and that the actions the operator is taking in the interim ensure the integrity of the covered segment.

(2) Maintain product supply. An operator may be able to justify a longer reassessment period for a covered segment if the operator demonstrates that it cannot maintain local product supply if it conducts the reassessment within the required interval.

If one of the conditions specified in paragraph (a)(1) or (2) of this section applies, an operator may seek a waiver of the required reassessment interval. An operator must apply for a waiver in accordance with 49 U.S.C. section 60118(c), at least 180 days before the end of the required reassessment interval, unless local product supply issues make the period impractical. If local product supply issues make the period impractical, an operator must apply for the waiver as soon as the need for the waiver becomes known.

## Provenance

- Official: Yes
- Source: <https://govt.westlaw.com/nycrr/Document/I505dcf76cd1711dda432a117e6e0f345?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)>
- Source ID: `ny-dps-nycrr`
- SHA-256: `31ed01305b3208e65c39fccb9fa8fff9d6c3df193570f087ba316bf881dfc33e`
- Retrieved: 2026-08-12T06:20:40.894Z
- Exported: 2026-08-26T04:36:04.405Z
- Document slug: `ny-nycrr-255-943`

### 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 255.943",
  "identityAnomaly": null,
  "references": [
    {
      "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"
}
```