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