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Cablegate: Nigeria: Faa Team Out-Brief

VZCZCXRO6062
PP RUEHMA RUEHPA
DE RUEHUJA #0194/01 0310940
ZNR UUUUU ZZH
P 310940Z JAN 08 ZDS
FM AMEMBASSY ABUJA
TO RUEHC/SECSTATE WASHDC PRIORITY 1961
INFO RUEHOS/AMCONSUL LAGOS PRIORITY 8645
RUEHZK/ECOWAS COLLECTIVE
RUCPDOC/DEPT OF COMMERCE WASHDC
RULSDMK/DEPT OF TRANSPORTATION WASHDC
RHMFIUU/FAA NATIONAL HQ WASHINGTON DC

UNCLAS SECTION 01 OF 02 ABUJA 000194

SIPDIS

C O R R E C T E D COPY -- CORRECTED RI FOR FAA

SENSITIVE

SIPDIS

DEPARTMENT PASS TO USTR (AGAMA)

E.O. 12598: N/A
TAGS: EAIR ECON EAID ASEC ETRD NI

SUBJECT: NIGERIA: FAA TEAM OUT-BRIEF


ABUJA 00000194 001.2 OF 002


1. (SBU) SUMMARY. A FAA team of four arrived in Lagos January 14,
2008 to begin the first of many two week visits over the next 18-24
months. The FAA team is providing technical assistance to the
government of Nigeria (GON) as they seek a category one rating in
eight key areas: legislation, regulation, civil air authority
structure and oversight functions, technical guidance, qualified
technical personnel, licensing and certification, continued
surveillance obligations, and resolution of safety issues. An
out-brief session was attended by the Nigerian team leaders (20)
including legal counsel and headed by Dr. Harold Demuren, Director
General of the Nigerian Civil Air Authority (NCAA). The out-brief
commended the Nigerians on their dedication to the process and their
achievements thus far. All eight areas are on target and received
an "in progress" rating. Dr. Demuren said that February 2008 would
be a month of documentation and legislative activity and plans to be
ready for the FAA team to return in March 2008. END SUMMARY

--------------------------------------------- -
Recommendations/Status for the Eight Key Areas
--------------------------------------------- -
2. (SBU) LEGISLATION. There was an issue concerning an apparent
conflict between the Civil Aviation Act and the Nigerian Airspace
Management Agency (NAMA) and Federal Airports Authority of Nigeria
(FAAN) Acts. The conflict concerned a question of respective roles
and responsibilities of the agencies. The NCAA has entered into a
Memorandum of Understanding (MOU) with FAAN and NAMA to address this
conflict. The recommendation is that the NAMA and the FAAN Acts be
amended to eliminate any inconsistencies between those laws and the
Civil Aviation Act. Since the legislative amendments will take
time, the NCAA has drafted a directive for the Attorney General's
signature.

3. (SBU) REGULATIONS. The NCAA adopted a comprehensive set of
aviation regulations in 2006. The Nigerian Civil Aviation
Regulations (CARs) are based on the International Civil Aviation
Organization (ICAO) Model Civil Aviation Regulations (MCARS), with
some requirements from other regulatory systems, including the UK,
Australia, and South Africa. As a result of mixing regulations, it
is not always clear what requirements should be followed. Also, the
table of contents and numbering system is not very helpful. The FAA
team recommended that the NCAA adopt, in whole, the ICAO Model Civil
Aviation Regulations. This will take care of a number of
deficiencies found in the CARs, including the regulation concerning
the airworthiness code to be followed in Nigeria. Dr. Demuren would
like to begin related training as early as March and the regulation
needs to be finalized for the training.

4. (SBU) CAA STRUCTURE AND OVERSIGHT FUNCTIONS. Recently the
operations and airworthiness offices were consolidated to ensure
proper coordination of certification functions. The team
recommended that the Director General sign a directive, such as a
policy and procedures manual, giving legal formality to the
consolidation of work functions. In addition, all directorates have
been formally established except for the legal office. The legal
directorate should be integrated and established in accordance with
Article 30(7) of the Aviation Act. The Director General should
establish a policy and procedures manual (PPM) to complete this
step. The integration of the legal office is critical to the
effectiveness of the NCAA. Training for the inspectors should
include legal personnel to establish teamwork and understanding. The
NCAA is to complete its draft Enforcement Handbook and conduct joint
training. Surveillance inspections should be documented.

5. (SBU) TECHNICAL GUIDANCE. Develop comprehensive technical
guidance materials for inspectors and industry in accordance with
ICAO Annexes 1, 6, and 8 prior to any certification or
recertification. This includes development and implementation of
MCARS and standardized training, e.g. Inspector Training System
(ITS) program.

6. (SBU) QUALIFIED TECHNICAL PERSONNEL. The NCAA has assigned a
qualified principal inspector (surveyor-in-charge) for each
specialty to be responsible for each AOC holder and is in the
process of interviewing applicants for additional inspector
positions. It is recommended that MCARS and ITS training be in
place before any new personnel are hired.

7. (SBU) LICENSING AND CERTIFICATION. The NCAA has developed a
procedure for revision and control system for handbooks to ensure
that currency is maintained. The NCAA needs to ensure testing
procedures and all guidance materials are reviewed and updated when
the MCARS are adapted.

8. (SBU) CONTINUED SURVEILLANCE OBLIGATIONS. The NCAA has

ABUJA 00000194 002.2 OF 002


implemented an annual surveillance system. It is recommended this
system be automated, such as the Work Tracking System (WTS).
Additionally, this system should be used to track and demonstrate
surveillance follow-up action. The NCAA plans to hire additional
inspectors and it is recommended that the MCARS and Inspector
Training System be in place prior to those inspectors reporting
duty.

9. (SBU) RESOLUTION OF SAFETY ISSUES. Training is critical in this
area. Inspectors must be taught to conduct follow-up of safety
deficiencies found during inspections. It is emphasized that the
aviation industry must know that the NCAA is serious about carrying
out its safety oversight responsibilities or the industry will have
no incentive to comply with the regulatory requirements. Training
should be conducted with the inspectors and legal personnel covering
how to properly develop an enforcement case and prepare a package
that will stand up in court. It is recommended that public hearings
be held with industry to explain the new procedures. This way they
will not be surprised when the NCAA begins exercising its powers.

10. (U) CONGEN LAGOS and FAA team cleared this message.

SANDERS

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