Leadership (Abuja)

Nigeria: Definition of Category 1 Status

The International Aviation Safety Assessment (IASA) programme involves assessing whether another country's oversight of its air carriers that operate, or seek to operate, into the United States complies with minimum international standards for aviation safety.

The FAA is making these changes as it commences a new phase of the IASA programme following the completion of initial determinations on the safety oversight exercised by virtually all countries whose air carriers operate, or have applied to operate, to the United States. This notice modifies the IASA policies previously announced by the FAA.

Background

The policy announced at 57 FR 38342, August 24, 1992, described how the FAA would assess whether a foreign civil aviation authority (CAA) complied with the minimum international standards for aviation safety oversight established by the International Civil Aviation Organisation (ICAO).

In obtaining information relevant to its assessment, the FAA meets with the foreign CAA responsible for providing the safety oversight to its carriers, reviews pertinent records and meets with officials of the subject foreign air carriers. The FAA then analyzes the collected information to determine whether the CAA complies with ICAO standards regarding the oversight provided to the air carriers under its authority.

This determination is part of the basis for FAA-recommended courses of action to the Department of Transportation on the initiation, continuation, or expansion of air service to the United States by the carriers overseen by that CAA. The IASA programme applies to all foreign countries with air carriers proposing to have, or have, existing air service to the United States under an economic authority issued by the department.

The policy announced at 59 FR 46332, September 8, 1994, concerned the FAA's decision to publicly disclose the results of FAA assessments. In connection with the public disclosure policy, the FAA established three categories of ratings for countries to signify the status of a CAA's compliance with minimum international standard: Category I (Acceptable), Category II (Conditional), and Category III (Unacceptable).

Category II or III apply to countries whose CAAs are found not to be providing safety oversight in compliance with the minimum international standards established by ICAO. The FAA normally places a country in Category II if one of its carriers provided air service to the United States at the time of the FAA assessment.

The FAA places a country in Category III if none of its carriers provided air service to the United States at the time of the FAA assessment. Carriers from Category II countries are not permitted to maintain, but not expand, current levels of service under heightened FAA surveillance. Carriers from Category III countries are not permitted to commence service to the United States.

Sources of Information on Safety Oversight

The FAA has a continuing obligation to ensure that CAAs comply with minimum international standards for safety oversight. In collecting information to support its assessment findings, the FAA will continue to rely, when necessary, on meetings with CAA and airline officials and reviewing pertinent documents.

The FAA also will make use of other sources of information on CAA compliance with minimum international standards for safety oversight. These sources may include other qualified entities (e.g., the European Joint Aviation Authorities or ICAO) considered reliable by the FAA.

Categorisation of Results of FAA Assessments

As in the past, assessment determinations will continue to be publicly disclosed However, FAA will only use two categories in the future, i.e., Category 1 (in compliance with minimum international standards for aviation safety), and Category 2 (not in compliance with minimum international standards for aviation safety). This change is being made to eliminate any confusion that has resulted from having two different categories regarding non-compliance with ICAO standards.

Category 2: The Federal Aviation Administration assessed this country's civil aviation authority and determined that it does not provide safety oversight of its air carrier operators in accordance with the minimum safety oversight standards established by the International Civil Aviation Organisation (ICAO).

This rating is applied if one or more of the following deficiencies are identified: the country lacks laws or regulations necessary to support the certification and oversight of air carriers in accordance with minimum international standards; the CAA lacks the technical expertise, resource; the CAA does not have adequately trained and qualified technical personnel; the CAA does not provide adequate inspector guidance to ensure enforcement of, and compliance with, minimum international standards; and the CAA has insufficient documentation and records of certification and inadequate continuing oversight and surveillance of air carrier operations. This category consists of two groups of countries.

One group is: countries that have air carriers with existing operations to the United States at the time of assessment. While in Category 2 status, carriers from these countries will be permitted to continue operations at current levels under heightened FAA surveillance.

Expansion or changes in services to the United States by such carriers are permitted while in Category 2, although new services will be permitted if operated using aircraft wet-leased from a duly authorised and properly supervised US carrier or foreign air carrier from Category 1 countries that are authorised to serve the United States using its own aircraft.

The second group is: countries that do not have air carriers with existing operations to the United States at the time of assessment. Carriers from these countries will not be permitted to commence service to the United States while in Category 2 status, although they may conduct services if operated using aircraft wet-leased from a duly authorised and properly supervised US carriers or a foreign air carrier from Category 1 country that is authorised to serve the United States with its own aircraft.

No other difference is made between these two groups of countries while in Category 2 status.

Transition to New IASA Categorisation System

Countries in the former Category 1 will initially be placed in the new Category 1 (in compliance with ICAO Standards). Countries in the former categories II and II will initially be placed in the new Category 2 (not in compliance with ICAO standards). For those countries not serving the US at the time of the assessment, an asterisk will be added to their category 2 determination.

The FAA will review the category determinations of all countries included in the IASA categorisation scheme at least once every two years, or when new information becomes available which calls into question the country's ability to continue complying with minimum standards for aviation safety.

Source: The FAA

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