# 753-4.9 Operator's response to notices of contact or damage, facilities in danger of failin...

**Citation:** 16 NYCRR 753-4.9  
**Type / status:** regulation / current  
**Agency:** New York State Public Service Commission  
**Effective:** Not stated  
**Published:** Not stated

Protection of Underground Facilities. (a) Upon receipt of a notice from an excavator or a one-call notification system reporting contact or damage to an underground facility, the operator shall immediately inspect such facility and make the necessary repairs or shall advise the excavator that the excavation work may proceed.

(b) Such repairs may be performed by the operator or by others authori

## Document text

(a) Upon receipt of a notice from an excavator or a one-call notification system reporting contact or damage to an underground facility, the operator shall immediately inspect such facility and make the necessary repairs or shall advise the excavator that the excavation work may proceed.

(b) Such repairs may be performed by the operator or by others authorized by him or her, including the excavator.

(c) Upon receipt of a notice from an excavator or a one-call notification system of the discovery of an underground facility in danger of failing, the operator shall respond immediately and take any necessary action in regard thereto, and advise the excavator as to whether he or she may proceed in the immediate area.

(d) When an operator has been notified by an excavator or a one-call notification system that an unknown underground facility has been discovered in the course of the excavator's work, such operator shall immediately determine whether or not such discovered facility is his or hers by means of records, on-site inspection or otherwise, and as soon as practicable either:

(1) advise the excavator that the unknown facility is not his or hers; or

(2) if such facility does belong to him or her, advise the excavator on how to proceed and of any special requirements the operator deems necessary.

## Provenance

- Official: Yes
- Source: <https://govt.westlaw.com/nycrr/Document/I5069b632cd1711dda432a117e6e0f345?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)>
- Source ID: `ny-dps-nycrr`
- SHA-256: `21200bce024278db59b5899cbcce212ff60fb8dfbb88f5f4fc9e0d8ab730b334`
- Retrieved: 2026-08-12T06:20:40.894Z
- Exported: 2026-08-24T08:00:03.126Z
- Document slug: `ny-nycrr-753-4-9`

### Source metadata

```json
{
  "jurisdiction": "US-NY",
  "title": 16,
  "part": "753",
  "partTitle": "Protection of Underground Facilities",
  "scopeKind": "underground-damage-prevention",
  "tocPath": [
    "Part 753 Protection of Underground Facilities",
    "Subpart 753-4 Duties of Operators"
  ],
  "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": "2023-02-28",
  "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 753-4.9",
  "identityAnomaly": null,
  "references": [],
  "region": "NY"
}
```