N.Y. Comp. Codes R. & Regs. tit. 16 § 255.943

Current through Register Vol. 46, No. 45, November 2, 2024

Section 255.943 - Deviation from reassessment intervals

(a) Waiver from reassessment interval in limited situations. 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.

(b) How to apply. 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.

N.Y. Comp. Codes R. & Regs. Tit. 16 § 255.943