text:
The state-of-the-art review of deformable aluminum alloys of Al–Cu–Mg system is carried out. Microalloying influence by additives of transition metals (Sc, Zr) and silver of sheet semi-finished products from sredneprochny alloys on the basis of Al–Cu–Mg system is investigated. Alloys with different ratio of Cu/Mg are considered. Mechanical properties, fatigue and fracture toughness characteristics are defined at the room temperature. The positive effect of use of complex microalloying by transition metals (Sc, Zr) and Ag is shown.
Keywords: structure, properties, sheets, Al–Cu–Mg, silver, transitional elements.
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Method of research of kinetics of destruction metallic material by long-term action of permanent load and corrosion environment based on specimen of new type was worked out. This specimen excel specimen of standard ASTM Е1681 in functional capabilities that intended for threshold valuation of stress intensity factor at fixed crack opening by bolt and may was exhibited on exposition in any corrosion or aggressive environment and also have the opportunity to definition of applied tensile load to specimen in testing. Testing of specimens of slab constructional aluminum alloys 1163-Т и V95p.c.-Т2 was carried out. Paradoxical fact of growth of conventional stress intensity factor by propagation of corrosion crack was determined that was conditioned by change of topography of ruptured zone.
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Keywords: heat treatment strengthenable aluminum alloys, TTT (temperature–time–transformation) aging diagrams, TTP (temperature–time–property) aging diagrams, step aging regimes.
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Investigation of technological and mechanical properties of new casting eutectic aluminum alloys of type "Natural Composites"
The structure, castability and deformability of some ternary eutectic alloys (Al–Ca–Ni, Al–Ca–Cu, Al–Ca–Fe and Al–Ca–Si) in the as-cast and heat treated states were studied. The ternary eutectics (Al)+Al4Ca+Х (where X – ternary compound) had a much finer structure as compared to the Al–Si eutectic, which suggests a possibility for the creation of the so-called natural composites produced by conventional casting.
Keywords: Al–Ca–Ni, Al–Ca–Cu, Al–Ca–Fe and Al–Ca–Si phase diagrams, heat treatment, microstructure, castability, hot tearing, deformability.
1. Zolotorevskiy V.S., Belov N.A. Metallovedenie liteynykh alyuminievykh splavov [Metallurgical science of foundry aluminum alloys]. M.: MISiS, 2005. 376 s.
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8. Belov N.A., Khvan A.V. Struktura i mekhanicheskie svoystva evtekticheskikh kompozitov na os-nove sistemy Al–Ce–Cu [Structure and mechanical properties of evtektichesky composites on the basis of Al–Ce–Cu system] // Tsvetnye metally. 2007. №2. S. 91–96.
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12. Naumova E.A., Belov N.A., Bazlova T.A. Vliyanie termoobrabotki na strukturu i uprochne-nie liteynogo alyuminievogo evtekticheskogo splava Al9Zn4Ca3Mg [Influence of heat treatment on structure and hardening of a foundry aluminum evtektichesky alloy of Al9Zn4Ca3Mg] // Metallovedenie i ter-micheskaya obrabotka metallov, 2015. №5. S. 30–36.
13. Belov N.A., Naumova E.A., Bazlova T.A., Alekseeva E.V. Struktura, fazovyy sostav i uprochnenie alyuminievykh splavov sistemy Al–Ca–Mg–Sc [Structure, phase structure and hardening of aluminum alloys of Al–Ca–Mg–Sc system] // Fizika metallov i metallovedenie. 2016. T. 117. S. 208–215.
14. Belov N.A., Naumova E.A., Alabin A.N., Matveeva I.A. Effect of Scandium on Structure and Hardening of Al–Ca Eutectic Alloys // Journal of Alloys and Compaunds. 2015. V. 646. P. 741–747.
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The paper is devoted to research the structure of interphase boundaries in solid alloys received by explosive pressing the powder mixtures of chromium carbide Cr3C2 and titanium. Using the electron microscopy established that similar boundaries have a final thickness over which there is a smooth change in the chemical composition of the material with complicated crystalline structure.
Keywords: chromium carbide, titanium, explosive compacting of powders.
1. Pruemmer R.A., Balakrishna Bhat T., Siva Kumar K., Hokamoto K. Explosive compaction of powders and composites. Enfield, NH: Sci. Publ., 2006. 194 р.
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Ti-Si-C-N Films // Metallurgical and Materials Transaction. 1999. Vol. 30, №9, P. 2439–2447.
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16. Ushanova Je.A., Nesterova E.V., Petrov S.N., Rybin V.V., Kuz'min S.V., Grinberg B.A. Razrabotka tehnologii podgotovki obrazcov dlja jelektronno-mikroskopicheskih issledovanij nanokristallicheskih zon sceplenija v raznorodnyh soedinenijah na osnove metodov ionnoj polirovki [Development of technology of preparation of samples for electronic and microscopic researches of nanocrystal zones of coupling in diverse connections on the basis of methods of ionic polish] // Voprosy materialovedenija. 2011. №1 (65). C. 110–117.
It was investigated the changes in the structure and properties of the alloys Al–7,6Cа and Al–7,6Ca–0,3Sc during annealing. Separately considered the influence of changes in eutectic intermetallic compounds to changes in hardness and the impact of nanoparticles Al3Sc in the process of disintegration of the solid solution of aluminum. The disintegration of the aluminum solid solution studied directly in the heating process in the column of an electron microscope.
Keywords: Al–Ca–Sc, nanoparticles Al3Sc, heat treatment, fragmentation, spheroidization, eutectic, hardening.
1. Belov N.A., Zolotorevskij V.S. Litejnye splavy na osnove aljuminievo-nikelevoj jevtektiki (nikaliny) kak vozmozhnaja alternativa siluminam [Cast alloys on the basis of aluminum-nickel evtektiki (nikaliny) as possible alternative to silumins] // Cvetnye metally. 2003. №2. S. 99–105.
2. Belov N.A. Fazovyj sostav promyshlennyh i perspektivnyh aljuminievyh splavov [Phase composition of industrial and perspective aluminum alloys]. M.: Izdatel'skij Dom «MISiS», 2010. 511 s.
3. Belov N.A., Shherbakov M.V., Belov V.D. O tehnologichnosti vysokoprochnogo jekonomnolegirovannogo nikalina AC6N0,5Zh pri lite, prokatke i svarke [About technological effectiveness high-strength ekonomnolegirovanny nikalina АЦ6Н0,5Ж when molding, rolling and welding] // Cvetnye metally. 2011. №12. S. 94–98.
4. Belov N.A., Naumova E.A., Eskin D.G. Casting alloys of the Al–Ce–Ni System: Microstructural Approach to Alloy Design // Mater. Sci. Eng. A. 1999. V. 271. P. 134–142.
5. Belov N.A., Hvan A.V. Struktura i mehanicheskie svojstva jevtekticheskih kompozitov na osnove sistemy Al–Ce–Cu [Structure and mechanical properties of evtektichesky composites on the basis of Al-Ce-Cu system] // Cvetnye metally. 2007. №2. S. 91–96.
6. Belov N.A., Khvan A.V. The ternary Al–Ce–Cu phase diagram in the Al-rich corner // Acta Materilia. 2007. V. 55. P. 5473–5482.
7. Belov N.A., Zolotorevskij V.S., Luzgin D.V. Vlijanie termoobrabotki na morfologiju zhelezosoderzhashhih faz v aljuminievyh splavah [Influence of heat treatment on morphology of ferriferous phases in aluminum alloys] // Perspektivnye materialy. 1997. №3. S. 76–86.
8. Jentoni U.U., Jeliot F.R., Boll M.D. Aljuminij. Svojstva i fizicheskoe metallovedenie; per. s angl. [Properties and physical metallurgical science; trans. from English] / pod red. Dzh.E. Hjetcha. M.: Metallurgija, 1989. 324 s.
9. Zolotorevskij V.S., Belov N.A. Metallovedenie litejnyh aljuminievyh splavov [Metallurgical science of cast aluminum alloys]. M.: Izd. dom. «MISiS», 2005. 376 s.
10. Belov N.A., Zolotorevskij V.S. Aljuminievye splavy: metallovedenie, primenenie, standarty: kurs lekcij [Aluminum alloys: metallurgical science, application, standards: course of lectures]. – M.: MISiS.120 s.
11. Naumova E.A., Belov N.A., Bazlova T.A. Vlijanie termicheskoj obrabotki na strukturu i uprochnenie litejnogo aljuminievogo jevtekticheskogo splava Al9Zn4Ca3Mg [Influence of thermal processing on structure and hardening of cast Al9Zn4Ca3Mg aluminum eutectic alloy] // Metallovedenie i termicheskaja obrabotka metallov. 2015. №5. S. 30–36.
12. Naumova E.A., Belov N.A., Bazlova T.A. Jevtekticheskie splavy na osnove sistemy Al–Ca s dobavkoj skandija kak vozmozhnaja alternativa termicheski uprochnjaemyh siluminam [Eutectic alloys on the basis of Al–Ca system with scandium additive as possible alternative thermally strengthened to silumins] // Metallovedenie i termicheskaja obrabotka metallov. 2015. №5.
13. Kono N., Tsuchida Y., Muromachi S., Watanabe H. Study of the Al–Ca–Zn ternary phase diagram // Light Metals. V. 35. 1985. P. 574–580.
14. Messing A.F., Adams M.D., Steunenberg R.K. Contribution to the Phase Diagram Calcium-Zinc, Transactions of the ASM. V. 56. 1963. P. 345–350.
15. Toropova L.S., Eskin D.G., Kharakterova M.L., Dobatkina T.V. Advanced aluminum alloys containing scandium: structure and properties. Amsterdam: Gordon and Breach Science Publishers. 1998. 175 p.
16. Marquis E.A., Seidman D.N. Nanoscale structural evolution of Al3Sc precipitates in Al (Sc) alloys // Acta mater. 2001. V. 49. P. 1909–1919.
17. Costa S., Puga H., Barbosa J., Pinto A.M.P. The effect of Sc additions on the microstructure and age hardening behaviour of as cast Al–Sc alloys // Materials and Design. 2012. V. 42. P. 347–352.
18. Mondolfo L.F. Struktura i svojstva splavov; per. s angl. [Structure and properties of alloys; trans. from English]. M.: Metallurgija, 1979. 640 s.
Keywords: casting alloys based on titanium, ceramic slurry, a binder, shell shape, fused.
2. Kablov E.N., Deev V.V., Bondarenko Ju.A., Narskij A.R. Beskremnezemnye keramicheskie formy dlja napravlennoj kristallizacii pri lit'e lopatok gazoturbinnyh dvigatelej [Beskremnezemnye ceramic forms for the directed crystallization when molding blades of gas turbine engines] //Litejnoe proizvodstvo. 2003. № 5. S. 17–20.
3. Kablov E.N., Tolorajja V.N. VIAM – osnovopolozhnik otechestvennoj tehnologii lit'ja monokristallicheskih turbinnyh lopatok GTD i GTU [VIAM – the founder of domestic casting technology of single-crystal turbine blades of GTD and GTU] //Aviacionnye materialy i tehnologii. 2012. №S.
4. Kablov E.N., Petrushin N.V., Eljutin E.S. Monokristallicheskie zharoprochnye splavy dlja gazoturbinnyh dvigatelej [Single-crystal hot strength alloys for gas turbine engines] //Vestnik MGTU im. N.Je. Baumana. Ser. «Mashinostroenie». 2011. №SP2. S. 38–52.
5. Pavlinich S.P., Belov V.D., Alikin P.V., Petrovskij P.V., Fadeev A.V. Intermetallid Ti–Al nachinaet put' v rossijskuju aviaciju [Ti-Al intermetallic compound begins way to the Russian aircraft] //Litejshhik Rossii. 2013. № 3. S. 21–24.
7. Nochovnaja N.A., Ivanov V.I., Alekseev E.B., Kochetkov A.S. Puti optimizacii jekspluatacionnyh svojstv splavov na osnove intermetallidov titana [Ways of optimization of operational properties of alloys on the basis of titanium intermetallic compound] //Aviacionnye materialy i tehnologii. 2012. №S. S. 196–206.
8. Kulakov B.A., Dubrovin V.K., Pavlinich S.P., Gojhenberg Ju.N., Karpinskij A.V. Otlivki iz intermetallidnyh titanovyh splavov [Casting from intermetallidny titanium alloys] //Litejnoe proizvodstvo. 2012. № 7. S. 6–9.

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text:
Cool sunlight filtered through a high layer of thin, early-spring cloud. Personnel at fourteen camera stations on and off the airfield at Malton Airport - now Pearson International, Toronto - their equipment double checked and ready, prepared to record Canadian aviation history. Nine thousand aviation workers held their collective breath. It was 9:49 a.m., March 25th, 1958.
Just moments before, Avro Chief Development Pilot, and former Spitfire pilot, Jan Zurakowski, had completed his inspection, signed acceptance from the ground crew, climbed the unusually tall boarding ladder and eased himself through the open clam-shell canopy, settling into the cockpit of the world's most advanced aircraft. The straps tightened up. With a final pat on the shoulder, the ground crewman descended and removed the ladder.
Zura was alone with the responsibility now. The plans, hopes and dreams of Canada’s developing aircraft industry were riding with him today. Tens-of-thousands of parts, five miles of cable, hundreds of hydraulic and electronic components, servos and micro switches - most of which had been purpose-designed for this aircraft and all representing the cutting edge of aviation research and technology - would have to function with near perfection. And, to add to the weight, most of this technology was well out of the pilot's direct control. Zura completed engine start-up, acquired flight clearance, and taxied out to his hold position at the end of Malton's newly extended 11,050 foot runway, #32 (320o). Final checks complete, the aircraft moved onto the runway and began to roll.
Approaching from behind, flaps down, and parallel to the take-off runway were two Royal Canadian Air Force (RCAF) chase aircraft: on the right, an Avro CF-100 Canuck, and on the left, a single-seat F-86 Sabre. Ahead and below, the big, white, delta-wing interceptor responded. As its main gear left the ground, Canada officially entered the era of supersonic flight.
Canada's sleek, new CF-105 Avro Arrow climbed gracefully at a controlled low speed and rate of climb. A routine radio check from the Toronto tower casually marked the historic event. "Avro 201 off at 9:51 a.m. and cleared to company tower." The group of 9,000 Avro workers gathered on the tarmac to watch their creation take to the air, happily congratulated each other, breathing a collective sigh of relief.
For the next half hour, Zura put the Arrow through a set of mild maneuvers, checking control responses, engine performance, undercarriage and air-brake operation and handling at speeds up to 250 knots and at low speed in landing configuration. The automatic flight control system (A.F.C.S.) was tested in normal and emergency modes. The two chase planes stayed close, providing extra sets of eyes.
Zura later recalled that the flying characteristics were similar to other deltas such as the British Gloster Javelin and the American Convair F-102, but that the Arrow had a more positive response to control movement. Letting down in a fairly tight circuit, the Arrow, speed brakes extended, made its landing approach at 180 knots and touched down at 160. The drag chute blossomed, slowing the aircraft. Five minutes later, the Arrow came to a stop on the apron in front of the Avro Plant. The first flight was logged at 35 minutes. Zura climbed down the boarding ladder and was immediately hoisted to the shoulders of jubilant workers. All smiles for the camera were genuine. The dream machine had tried its wings. A Canadian aviation legend was born. The first flight had been almost flawless. Other than two micro switches which had failed to function, the first-flight snag sheet was clean. The engineering department had it framed. The pilot's only complaint was there was no clock in the cockpit!
After World War II the prevalent Canadian thinking, just as it had at the end of World War I, again placed emphasis on reducing Canadian military forces to a bare minimum and returning to a basically defensive posture behind some of the world's most vast, unpopulated, and difficult-to-defend frontiers, both land and sea. The chief perceived threat, politically, economically and militarily, was the giant Soviet Union which lay just beyond the largely undefended stretches of Canada's far north. The assumption in most quarters was that by 1950, the Soviet Union's aviation industry was up to speed, and that it would be well able to launch a massive conventional and nuclear air strike against populated areas of North America across Canada's Arctic.
In this 1952 atmosphere of growing cold war tension Canada decided to search for a replacement for its workman-like, subsonic, Canadian-designed and built Avro CF-100 Canuck interceptor. The Canadian answer would have to respond to a unique set of Canadian circumstances. An interceptor of exceptional abilities would be required to meet the Soviet threat. First, it would have to be capable of operations from widely dispersed bases, over vast, rugged terrain, day or night, in all weather, including near tropical to northern arctic extremes. Furthermore it would have to possess an automatic fire-control system and state-of-the-art weapons of high efficiency and potency.
At the exceptionally high closing rates which would result from the supersonic interception of supersonic bombers, the first-pass kill rate would have to be maximized. A search of Western Alliance manufacturers turned up no extant or developmental aircraft which would fulfill these Canadian requirements, so the decision was taken to develop another all-Canadian interceptor.
In the spring of 1953, Avro began design studies for the most efficient aircraft to meet the Canadian specifications, which included a supersonic combat radius of 200 nautical miles, a combat ceiling of not less than 60,000 feet, a maximum speed at altitude of Mach 2, a rate of climb not more than six minutes to 50,000 feet, internal armament package, twin engines and two crew, and a maneuverability of 2 g at Mach 1.5 at 50,000 feet without loss of speed or altitude. This last requirement could be met by few aircraft even today.
By the summer of 1954, the preliminary design of this aircraft was completed under the project number CF-105. James C. Floyd, Avro Vice-President, and Director of Engineering, led the design team, and the resulting aircraft was, to say the least, unconventional! The RCAF required a two-place design to accommodate a weapons control officer, who could press home an attack even in the event of an automatic mode failure. To handle the large weapons payload required and the huge amounts of fuel necessary for long-range operations, the aircraft would have to be big. The Arrow would be very large, as long as a World War II Lancaster bomber! Two potent engines would be required to power an aircraft of this size.
The tailless high delta configuration was the best compromise between a thin wing section, which could offer excellent transonic and supersonic flight characteristics, and a thicker wing root section to accommodate undercarriage and good fuel capacity. The high delta configuration also offered easy serviceability and good structural efficiency, allowing simple engine installation and easy modifications to engine and armament without affecting the basic wing structure. Also, to the benefit of the design team, considerable delta flight experience and data was available from the British parent company, Avro Manchester, which had been testing the 707 delta research aircraft prior to the design of the Vulcan tailless delta bomber.
Originally, the Canadian Department of Defense Production had issued a design contract for two prototype CF-105's from Avro, but, shortly thereafter, because of the urgency to meet the perceived Soviet threat of bombers from the north, a decision was made to skip the prototype stage altogether and the order was revised. Avro was to go directly to production with several pre-production aircraft. This approach placed considerable pressure on the design team, and a very comprehensive testing program became an obvious necessity. Totally new testing procedures would be used in the Arrow program. Of course, thorough wind tunnel testing became a priority. Through the tunnel test program, the external shape of the Arrow fuselage was refined by application of the "Area Rule", to give the so-called "Coke Bottle" effect for the purpose of reducing supersonic drag.
Models would also play another vital design role. Launched to supersonic speeds on Nike rocket boosters, eleven free-flight models were fired between December, 1954 and January, 1957, and important data on drag and directional stability collected via the then-emerging telemetric technology. Two firings were conducted at Langley Field, Virginia, the establishment of the National Advisory Committee for Aeronautics (NACA), to take advantage of their complete, state-of-the-art tracking and telemetry equipment.
Considerable stress testing was also carried out on models. All-told, more than seventeen carefully-crafted scale models were used in the extensive design process. As actual production of the first six aircraft approached, a full- sized metal mock-up was fabricated to explore ways of facilitating actual production methods. A full-size wooden engineering mock-up was also constructed to check all equipment installation, fit and tolerances. Production machinery was designed, ordered and installed, much of it new, huge and unprecedented in the aviation industry. Meanwhile an Arrow flight simulator, connected to a state of-the-art analog computer system, the largest at the time outside the United States, was helping to gather theoretical flight characteristic data which would smooth the way to actual flight of the CF-105.
The development of the power plants chosen for the Arrow is a story in itself. The first design called for Rolls Royce RB 106 engines which were under development. When it was found that this development would be too late for the CF-105 program, Curtiss Wright J67's were substituted. Then in 1955, The U. S. Air Force announced the J67 program was to be dropped and Pratt & Whitney J75,s were chosen as a stopgap measure until the new home-grown Orenda PS13 Iroquois engines would be available.
In 1953 the PS13 Iroquois was designed by Orenda Engines Limited, later a division of A.V. Roe Canada, to power the replacement for the Avro Canuck. In a bold step, Orenda decided to jump a generation with its new design. The PS13 was to be big and powerful. At a dry weight of 4,500 lb., the Iroquois would have a five-to-one thrust-to-weight ratio, with 20,000 lb. dry thrust and 26,000 lb. with afterburner. This would create an unprecedented weight-to-thrust ratio of virtually one-to-one in the Iroquois powered Arrow.
This engine's development was not without glitches, but from original design in 1953, the problems were basically ironed out by early 1957. When ground testing was complete, a Boeing B-47 Stratojet was loaned to Avro by the USAF as a flight test bed for the new engine. One Iroquois engine had more than enough power for the B-47.
While A. V. Roe Canada was responsible for the airframe and engine development, the weapons and fire control systems were in the RCAF'’s ballpark. At the beginning of the CF-105 project, it was understood that the package of choice was the American Hughes MX 1179 fire control system and eight Falcon missiles which had been designed for an American fighter program. However, much against the wishes of Avro, the RCAF changed its mind in favor of the Douglas Sparrow II missile then under development for the United States Navy, and the RCA Astra fire control system. This weapons package would make the Arrow more potent than any interceptor in existence. Nothing but the best for the RCAF. But, as they soon found out, it wouldn't be without cost.
By mid 1955, when the RCAF had decided upon this state-of-the-art system, Avro was forced to undertake major re-engineering to accommodate the Astra system, thus adding greatly to the financial burden imposed by the whole project. By this time, tension at Avro was beginning to increase. They knew the Astra system would prove astronomically expensive to develop. Furthermore, now all three components of the Arrow project, airframe, engine and weapons package were new, unproven, and cutting edge. The risks were suddenly much higher.
Then, a major blow to the armament program. The United States Navy dropped the Sparrow II missile project. Against the best advice from Avro, the RCAF, determined to see the best weapons system possible in the CF-105, and, apparently, regardless of the huge investment it would devour, transplanted the whole project, missiles and fire control, to Canada. As it turned out, the development cost of this package would have a significant impact on the overall cost of the Arrow program. Meanwhile, under the darkening cloud of increasing cost exacerbated by the out-of-control weapons development program, and amid growing tension in Avro administration, the airframe/engine development continued apace. The new Canadian interceptor was rolled out of the plant into public view amid glowing speeches from politicians and defense staff on October 4, 1957. According to those on the podium, it would prove more than enough to cancel out the Soviet bomber threat for the next decade.
However, an event of even greater global importance overshadowed the grand unveiling. On the same day, the Soviet satellite Sputnik was successfully launched into orbit. This event created instant, massive, technological hysteria in the west. The Soviets had leap-froged to the forefront again. Ironically, as spiraling costs conspired to sink the whole Arrow project, the successes of the testing program mounted steadily. Ground and taxi trials proceeded smoothly and, on March 25, 1958, Arrow 201 flew for the first time with Zurakowski at the controls.
The short flight-test program was almost trouble free. A couple of minor landing accidents caused by undercarriage failure and a blown tire, and a failure of the nose gear door to close seem minor in comparison to the teething problems experienced in many other fighter development programs even today.
For example, using over fifty aircraft and flying in excess of 8000 test flights, the Lockheed F-104 Starfighter test program was plagued with serious problems from the beginning. Several early 104's and their pilots were lost. Taking into account that the Arrow program never progressed past its infancy and that the five flying CF-105 Arrows accumulated among them only 66 flights and 70 hours of flight time, the fact that there were no serious problems with the aircraft itself is still a testament not only to the young Avro company and its design team, but also to the quality of the four test pilots in the program. Nevertheless, the flight-test program, which lasted less than twelve months, proceeded very smoothly and efficiently. The program was expedited by the use of ground and on-board telemetry data gathering, a technology then in its infancy. The capacious internal weapons bay of the Arrow was crammed with test instruments which allowed immediate in-flight feed-back to the pilot and those on the ground. Today we call this a "real-time" system.
The Arrow would have been an eminently developable aircraft. The introduction of micro-chip technology to replace the heavy onboard vacuum-tube computers would certainly have gained the developed Arrow a weight and space advantage resulting in substantially greater speed and range.
Another technology then in its infancy was the flight control system popularly known as "fly-by-wire". The Avro Arrow was one of the first service aircraft to use this system in which the pilot's movements were translated, via electrical switches in the control column, into electric signals which would then hydraulically introduce the movement called for in the control surfaces themselves.
Superimposed on this system was a sophisticated parallel damping system which moved the surfaces completely independent of the pilot's control column to moderate and "smooth out" the movements called for by the pilot. Eventually, the Arrow was to be able to virtually fly itself - computer controlled - with the pilot as a back-up emergency factor. Well ahead of its time, the Arrow's fly-by-wire system would not be used again successfully on a combat aircraft until the General Dynamics F-16 Fighting Falcon, which flew for the first time in 1974.
It was also the first aircraft to employ a 4000 psi hydraulic system, not replicated in any aircraft until 16 years later in the Rockwell B-1 bomber. In August, 1958, representatives of the Canadian government traveled to the United States, ostensibly to sell the Arrow or to raise funds south of the border to support the program. They came back having missed both targets, themselves the target of a strong American sales-pitch for their own aircraft and the untested American Bomarc missile.
Meanwhile, amid American offers to defend Canadian airspace if the Arrow program were indeed cancelled, the Canadian government, pointing to the costs of the project and downplaying the menace of the Soviet bomb threat, drew closer to terminating the Arrow program with the announcement that the Bomarc nuclear surface-to-air missile was coming to Canada..
Avro responded to the government's warnings of impending cancellation of the program with a final offer of $3.5 M per Arrow based on delivery of 100 aircraft. James C. Floyd, Avro VicePresident, Engineering, later called this price " the deal of the century". Included would be the more powerful Iroquois and the Hughes/Falcon weapons system offered to the project just before cancellation, by the USAF at no cost. The Sparrow/Astra system had finally collapsed under its own financial obesity.
Then on February 20, 1959, still known as "Black Friday" by many Canadians, the CF-105 program was finally cancelled. With the announcement came the direct loss of 14,000 jobs at Avro and Orenda, another 16,000 jobs with Avro's suppliers throughout Canada. It is also calculated that Avro was involved in almost 75% of all Canadian research and development at the time. Also crashing to the ground was the Orenda Iroquois engine program. With the cancellation of the Arrow, the considerable international interest which had been shown in the big engine immediately dried up.
At the time of cancellation, Arrow 206, the first Mk.2, with the Iroquois engine, was two weeks away from its first flight and a short time away from an inevitable attempt at a new world speed record. The Arrow Mk. 2 never flew. Everything relating to the Arrow program was ordered immediately destroyed, scrapped, cut up and carted away. All drawings, tools, photographs, instruments, production machinery, laboratories, and all thirty-seven aircraft - five complete and flying, one ready to fly in just two weeks, and the others in various stages of completion - were ordered destroyed.
When the Arrow program died, thousands of talented people were immediately recruited to companies out of the country. Many former Avro employees, for example, helped to put men on the moon with NASA. Some, including James Floyd, went overseas to work on the Concord project. A body blow had been delivered to Canada's fledgling aviation industry.
It was Thursday, April 25, a bare two months after Black Friday. Janus Zurakowski, the test pilot who first flew Arrow 201 thirteen months before, was on his way home from the Avro plant at Malton on Highway 401. Curiously for a test pilot, he was a nervous driver, careful not to exceed the 60-mph limit. In his rear-view mirror he noticed a truck pulling a flat-bed trailer overtaking him in the passing lane. As the truck pulled along side, he casually noted the load. There seemed something vaguely familiar about the stack of jagged white metal pieces trussed under the tie-downs. Suddenly, as he looked more closely, he made a jolting discovery. There were the numbers "2", "0", and "1" painted in black against jagged white metal pieces. Here, almost unrecognizable, was all that was left of the CF-105 Arrow. The Avro Arrow was dead. But even today, the legend of this world-beating aircraft lives on in the hearts of many Canadians.
Victory Aircraft of Toronto, a crown corporation, built 437 Avro Lancaster Mk. X's during World War II. Because of the outstanding quality of these aircraft, Victory caught the attention of the management of British A. V. Roe of Manchester and, shortly after war's end, Victory Aircraft was reborn as A. V. Roe Canada Ltd. on December 1, 1945.
In less than a year, A. V. Roe Canada had acquired Turbo Research Limited, another Canadian Crown company which was engaged in jet engine research and development. In 1955 A. V. Roe Canada Ltd. was split into separate Avro Aircraft Limited and Orenda Engines Limited companies, with A. V. Roe Canada Ltd. as the parent company. Orenda division produced a first-class jet engine, the Orenda, which would power the Avro's airframe division's innovative designs, and also license-built Canadian F-86 Sabres, designated CL-13, built by Canadair of Montreal, creating what many pilots judged the best Sabre of all. Orenda would also develop what was then the world's most powerful jet engine, the PS13 Iroquois, specifically to power the Avro Arrow interceptor.
During their first few years, Avro Canada produced North America's first jet transport, the prototype C-102 Jetliner, which flew for the first time on August 10, 1949, a scant two weeks after the British-designed DeHavilland Comet rose a few feet off the runway to become the world's first commercial jet to fly. It was the first product of a young, progressive aviation company which was destined to exist for a relatively short time in the rare air at the cutting edge of aircraft design and development. The Jetliner flew an amazing eight years before Boeing's 707, and represented a quantum leap in the commercial aviation field. It had all the earmarks of great success, virtually doubling the speed and altitude envelopes of existing propeller-driven airliners.
However, as the Korean conflict began, the Canadian government ordered Avro to concentrate all production on their new two-seat CF-100 Canuck long-range jet fighter. Although the development of the Avro Jetliner came to an end, the C-102 prototype flew on successfully until it was ordered scrapped in 1956. A stuck- landing-gear-forced-belly landing on its second flight proved to be the only serious problem. It would be almost ten years before any other aircraft matched its performance.
Begun in 1946, and designed to help defend Canada's vast territory, the first Avro CF-100 Canuck jet fighter prototype flew in 1950. Eventually by 1958, 692 twin-engined CF-100's were built, powered by a fine series of Orenda engines. The aircraft entered squadron service in the Royal Canadian Air Force (RCAF) in 1953, and also served in the Belgian Air Force as well.
However, in 1952, even before the sub-sonic Canuck entered service, the RCAF had set out upon a search for its replacement, eventually leading to Avro Canada Limited's greatest achievement, the CF-105 Arrow. Ironically, its greatest achievement also proved to be the ultimate downfall of A.V. Roe Canada Ltd.
An edited version of this article titled 'Canada's Supersonic Fighter Fiasco' was published in the American magazine AVIATION HISTORY as a feature article, Jan. 1998 issue.

matches: V. V. V. V. V. V.


Southern District of Indiana, Indianapolis Division.
tions Alternative Dispute Resolution Plan. We call it the Plan. The Plan provides financial assistance for parties with modest means to help defray the cost of mediation. A party to a domestic-relations suit may request subsidized media-tion, or the court may order it of its own accord.
Dustin King was a party to a domestic-relations case in the Marion Circuit Court. King asked the court to refer his case to mediation and authorize his participation in the subsidy program. The court ordered both. King, who is deaf, also asked the judge to provide an American Sign Language interpreter. The judge denied that request, explaining that the Plan does not include subsidies for interpreter services. The Circuit Court did, however, rescind its order of mediation, inviting King to return to court for resolution of his case. There he would have had an interpreter at no cost to him. King declined. He proceeded through mediation, employing his stepfather as an interpreter, and achieved a satisfactory outcome. The domestic-relations case was dismissed.
King then sued the Circuit Court in federal court under Title II of the Americans with Disabilities Act. He contended that, by refusing to provide him with a free interpreter in mediation, the Circuit Court “by reason of [his] disability … denied [him] the benefits of the services, programs, or activities of a public entity”. 42 U.S.C. §12132. Following cross-motions for summary judgment and a bench trial, King prevailed, with the district court awarding him $10,380 in damages. The Marion Circuit Court now appeals.
of State Police, 491 U.S. 58 (1989). Indiana has asserted sovereign immunity. And because sovereign immunity bears on whether a federal court may hear a case, we resolve it before considering the merits. See Seminole Tribe of Florida v. Florida, 517 U.S. 44, 64–65 (1996). The district court held that Indiana does not enjoy sovereign immunity because this case falls within the abrogation of that immunity sustained in Tennessee v. Lane, 541 U.S. 509 (2004). We disagree with that conclusion.
Section 5 of the Fourteenth Amendment permits Congress to abrogate states’ sovereign immunity when Congress deems that necessary to protect the substantive rights guar-anteed by the Amendment’s other provisions. See Fitzpatrick v. Bitzer, 427 U.S. 445 (1976). The §5 power also permits Con-gress to authorize federal litigation to enforce rights guaranteed by the other amendments that have been incorporated against the states via the Fourteenth Amendment’s Due Process Clause. Lane, 541 U.S. at 522–23. It does not, however, permit Congress to authorize federal litigation against the states to enforce statutory rights under other grants of powers, such as the Commerce Clause. See Kimel v. Florida Board of Regents, 528 U.S. 62, 78–79 (2000). Congress also may not work a “substantive change in constitutional protections”; it can enforce the Constitution only as the Supreme Court has understood it. Boerne v. Flores, 521 U.S. 507, 509 (1997).
lations are likely to occur, and the rules must target those likely violations. Otherwise, the rules rest on the commerce or spending powers rather than §5, with consequences for venue of litigation against states. See Board of Trustees of University of Alabama v. Garrett, 531 U.S. 356, 368 (2001); Kimel, 528 U.S. at 91.
In Lane the Supreme Court found that there was a great “volume of evidence demonstrating the nature and extent of unconstitutional discrimination against persons with disabil-ities in the provision of public services”. 541 U.S. at 528. Based on that body of evidence, the Court held that Title II properly abrogated states’ sovereign immunity in cases “im-plicating the fundamental right of access to the courts”. Id. at 533–34. King has not made a similar showing that limits on the subsidy of court-annexed mediation services can deny him, or anyone else, access to judicial services.
terpreter—does not affect any of the rights catalogued in Lane.
If mediation in Marion County functioned to prevent King from obtaining judicial attention, his access to the courts would have been in danger, just as courthouse facilities that physically exclude handicapped persons block their access. That was what led to Lane: a wheelchair-bound litigant could not reach a courtroom on the second floor of a building that lacked an elevator or any way to get a wheelchair up the stairs. King’s attorney contends that, in Marion County, mediation must precede judicial resolution of all domestic-relations cases. His brief cites Marion County Local Court Rule LR49-ADR2-209, under which certain parties “must submit” to mediation. But that rule applies only to “child related” litigation following a divorce, not to all domestic-relations cases. King has not contended that his case meets the criteria for mandatory mediation. Even if it did, the Local Rule requires mediation only when the parties cannot show “good cause” to come directly to court. A different rule says that a state judge “may” order mediation, if appropriate, in any domestic-relations case. See Indiana Rule for Alternative Dispute Resolution 1.6. Neither of these provisions makes mediation a general condition precedent to litigation. Contrary to King’s contention, both rules afford judges discretion to determine whether mediation is appropriate in each case.
considered the gold standard of due process. See Marchant v. Pennsylvania R.R., 153 U.S. 380, 387 (1894); Mathews v. El-dridge, 424 U.S. 319, 333 (1976). King does not contend that the Marion Circuit Court treats deaf litigants unfairly or that deaf litigants encounter any barrier to litigation on a par with litigants who can hear. The Circuit Court’s invitation to litigate therefore afforded King full access to court.
The United States, which intervened on appeal under 28 U.S.C. §2403(a) to defend the constitutionality of Title II as applied to this suit, relies on United States v. Georgia, 546 U.S. 151, 159 (2006), for the proposition that damages against states can be appropriate even when no one has been denied access to court. That is right in the abstract. “Congress may respond to a history of concealable [constitutional] violations by adopting precautionary rules that reduce … the chance of [future] evasion”. Holmes v. Marion County Office of Family & Children, 349 F.3d 914, 920 (7th Cir. 2003). But to the extent that statutory rules are unnecessary to prevent constitutional violations, they do not overcome sovereign immunity. See Garrett, 531 U.S. at 368.
a disabled person might have trouble mediating, the Marion Circuit Court immediately offers full adjudication. We do not have any reason to believe that a single disabled person in Marion County will ever be denied access to court because of the limits on the subsidies provided by the Plan, or because of the mediation process as a whole. And in the absence of any other evidence, we cannot say that allowing King’s damages action would plausibly function as a prophylactic against future constitutional violations.
We have now run out of theories about how awarding King damages under Title II would protect anyone’s constitutional rights. King was invited to come to the Marion Circuit Court for resolution of his domestic-relations dispute. The Circuit Court therefore did not actually violate any right falling under Lane’s “fundamental access” umbrella. Nor could abrogating sovereign immunity avert future violations. King has not suggested that any constitutional right of access to court is under threat in Marion County. All of this leads to just one conclusion—that this case has no constitutional dimension at all. Title II therefore does not abrogate sovereign immunity here, and the Marion Circuit Court remains immune from this suit in federal court.
sider whether King’s claim might be subject to the notice and timing rules of the Indiana Tort Claims Act, Ind. Code §§ 34-13-3-3, 34-13-3-6, or whether, because it is based on a statute, it is outside that law’s requirements. Those and related issues are for the state’s judiciary.
The judgment of the district court is reversed, and the case is remanded with instructions to dismiss without prejudice to raising a Title II claim in state court.


37 C.F.R. 1.111 Reply by applicant or patent owner to a non-final Office action.
(1) If the Office action after the first examination (§ 1.104 ) is adverse in any respect, the applicant or patent owner, if he or she persists in his or her application for a patent or reexamination proceeding, must reply and request reconsideration or further examination, with or without amendment. See §§ 1.135 and 1.136 for time for reply to avoid abandonment.
(F) Simplification of issues for appeal.
(ii) A supplemental reply will be entered if the supplemental reply is filed within the period during which action by the Office is suspended under § 1.103(a) or (c).
(b) In order to be entitled to reconsideration or further examination, the applicant or patent owner must reply to the Office action. The reply by the applicant or patent owner must be reduced to a writing which distinctly and specifically points out the supposed errors in the examiner’s action and must reply to every ground of objection and rejection in the prior Office action. The reply must present arguments pointing out the specific distinctions believed to render the claims, including any newly presented claims, patentable over any applied references. If the reply is with respect to an application, a request may be made that objections or requirements as to form not necessary to further consideration of the claims be held in abeyance until allowable subject matter is indicated. The applicant’s or patent owner’s reply must appear throughout to be a bona fide attempt to advance the application or the reexamination proceeding to final action. A general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references does not comply with the requirements of this section.
(c) In amending in reply to a rejection of claims in an application or patent under reexamination, the applicant or patent owner must clearly point out the patentable novelty which he or she thinks the claims present in view of the state of the art disclosed by the references cited or the objections made. The applicant or patent owner must also show how the amendments avoid such references or objections.
37 C.F.R. 1.945 Response to Office action by patent owner in inter partes reexamination.
(a) The patent owner will be given at least thirty days to file a response to any Office action on the merits of the inter partes reexamination.
(3) A compelling reason to enter the supplemental response.
"The inter partes reexamination proceeding will be conducted in accordance with §§ 1.104 through 1.116, the sections governing the application examination process…"
Accordingly, the provisions of 37 CFR 1.111, other than the provision in 37 CFR 1.111(a)(1) to "see... [37 CFR] 1.136 for time for reply to avoid abandonment", apply to the response by a patent owner in a reexamination proceeding.
The patent owner may request reconsideration of the position stated in the Office action, with or without amendment to the claims and/or specification. As to amendments in reexamination proceedings, see MPEP § 2666.01.
Any request for reconsideration must be in writing and must distinctly and specifically point out each supposed error in the examiner’s action. A general allegation that the claims define a patentable invention, without specifically pointing out how the language of the claims patentably distinguishes them over the references, is inadequate and is not in compliance with 37 CFR 1.111(b).
Reasons must be given as to how and why the claims define over the references, and why any rejections made under 35 U.S.C. 112 are incorrect or inapplicable.
Affidavits under 37 CFR 1.131(a) and 1.132 may be utilized in a reexamination proceeding. Note, however, that an affidavit under 37 CFR 1.131(a) may not be used to "swear behind" a reference patent if the reference patent is claiming the same invention as the patent undergoing reexamination. In such a situation, the patent owner may, if appropriate, seek to raise this issue via an affidavit under 37 CFR 1.131(c) (see MPEP § 718) or in an interference proceeding via an appropriate reissue application if such a reissue application may be filed (see MPEP § 1449.02).
The patent owner cannot file papers on behalf of a third party. If a third party paper accompanies or is submitted as part of a timely filed response, the response and third party paper are considered to be an improper (i.e., informal) submission, and the entire submission shall be returned to the patent owner since the Office will not determine which portion of the submission is the third party paper. The third party paper filed as part of the patent owner’s response will not be considered. The improper response with the third party paper in it should be returned to patent owner as a defective (informal) response, using form PTOL-2069 as the cover letter. See MPEP § 2666.50. The appropriate box on the form should be checked and an explanation for the return of the paper given. The patent owner should be provided an appropriate period of time to refile the patent owner response without the third party paper.
The certificate of mailing and the certificate of transmission procedures (37 CFR 1.8 ), and the Priority Mail Express® mailing procedure (37 CFR 1.10 ), may be used to file a patent owner’s response, as well as any other paper in an existing inter partes reexamination proceeding.
A copy of the response must be served on the third party requester in accordance with 37 CFR 1.248, - see also MPEP § 2666.06. Lack of service poses a problem, since a third party requester must file written comments within a period of 30 days from the date of service of the patent owner’s response, in order to be timely. Where the record does not show the response to have been served on the third party requester, see MPEP § 2666.06.
The patent owner will normally be given a period of two months to respond to an Office action. An extension of time can be obtained only in accordance with 37 CFR 1.956. Note that 37 CFR 1.136 does not apply in reexamination proceedings.
See MPEP § 2666.10 for the consequences of the failure by the patent owner to respond to the Office action.
Pursuant to 37 CFR 1.945(b), any supplemental response to the Office action in an inter partes reexamination proceeding must be accompanied by a showing of sufficient cause why the supplemental response should be entered. If such a showing is not provided, the supplemental response will not be entered, and may be sealed (i.e., closed) from public view in the Image File Wrapper (IFW), if it has already been scanned into the IFW for the proceeding.
(C) a compelling reason to enter the supplemental response.
Pursuant to 37 CFR 1.111(a)(2)(i), the Office may enter a supplemental response if the supplemental response is clearly limited to: (1) cancellation of a claim(s); (2) adoption of the examiner suggestion(s); (3) placement of the proceeding in condition for Notice of Intent to Issue Reexamination Certificate (NIRC); (4) a response to an Office requirement made after the first response was filed; (5) correction of informalities (e.g., typographical errors); or (6) simplification of issues for appeal.
In some instances, where there is a clear basis for the supplemental response, the three-prong showing may be easily satisfied. Thus, for example, the patent claim text may have been incorrectly reproduced, where a patent claim is amended in the original response. In such an instance, the patent owner need only point to the provision of 37 CFR 1.111(a)(2)(i)(E) for the correction of the informalities (e.g., typographical errors), and state that the incorrect reproduction of the claim was not noted in the preparation of the original response. The compelling reason to enter the supplemental response is implicit in such a statement, as the record for the proceeding certainly must be corrected as to the incorrect reproduction of the claim.
Any requester comments filed after a patent owner response to an Office action must be filed "within 30 days after the date of service of the patent owner’s response," to satisfy 35 U.S.C. 314(b)(2). Thus, where the patent owner files a supplemental response to an Office action, the requester would be well advised to file any comments deemed appropriate within 30 days after the date of service of the patent owner’s supplemental response to preserve requester’s comment right, in the event the Office exercises its discretion to enter the supplemental response. The requester’s comments may address whether the patent owner showing is adequate, in addition to addressing the merits of the supplemental response. If the patent owner’s supplemental response is not entered by the Office, then both the supplemental response, and any comments following that supplemental response, will either be returned to the parties or discarded at the sole discretion of the Office. If the supplemental response and/or comments were scanned into the IFW for the reexamination proceeding, and thus, the papers cannot be physically returned or discarded, then the supplemental response and/or comments entries will be marked "closed" and "non-public," and they will not constitute part of the record of the reexamination proceeding. Such papers will not be displayed in the Office’s image file wrapper that is made available to the public, patent owners, and representatives of patent owners, i.e., they will not be displayed in the Patent Application Information Retrieval (PAIR) at the Office’s website.
A supplemental response, which has not been approved for entry, will not be entered when a response to a subsequent Office action is filed, even if a specific request for its entry is made in the subsequent response. If a patent owner wishes to have the unentered supplemental response considered by the examiner, the patent owner must include the contents of the unentered supplemental response in a proper response to a subsequent Office action. If the next Office action is an Action Closing Prosecution under 37 CFR 1.949, or an action that otherwise closes prosecution, the entry of the response is governed by 37 CFR 1.116 (see 37 CFR 1.951(a) ).
Patent owner cannot submit an application data sheet (ADS) in a reexamination proceeding except as provided in MPEP § 2258.02.


Section 203 of Division O of the recently enacted Consolidated Appropriations Act, 2016, which funds the U.S. government for the remainder of the current 2016 fiscal year (through September 2016), also adds new restrictions on use of the Visa Waiver Program (“VWP”) that exists under section 217 of the Immigration and Nationality Act (INA), 8 U.S.C. §1187. The title of Section 203 is “RESTRICTION ON USE OF VISA WAIVER PROGRAM FOR ALIENS WHO TRAVEL TO CERTAIN COUNTRIES”, and it appears to have been inspired by reports that the November 2015 terrorist attacks in Paris were carried out by French and Belgian nationals, many of whom had traveled to Syria. However, the text of the law as enacted goes further than the title. In particular, the amendments that Section 203 makes to INA 217 apply to certain people who may never have been to any of the countries with which Congress was concerned in enacting the bill, if they are nationals of one of those countries as well as a VWP country. As this post will explain, this portion of Section 203 could have an unfair and at times truly bizarre impact.
The VWP allows citizens of certain countries designated by the Secretary of Homeland Security (formerly by the Attorney General), in consultation with the Secretary of State, to enter the United States as visitors without the need to apply for a visa at a U.S. consular post abroad. A list of currently eligible countries is available on the Department of State website and from CBP as well. VWP entrants are limited to 90-day admissions pursuant to INA §217(a)(1), must waive various rights to contest removal under INA §217(b), and must apply for advance clearance through the Electronic System for Travel Authorization (ESTA) run by U.S. Customs and Border Protection (CBP), but the ability to visit without going through the consular visa application process is still an attractive option for citizens of qualifying countries.
(C) WAIVER.—The Secretary of Homeland Security may waive the application of subparagraph (A) to an alien if the Secretary determines that such a waiver is in the law enforcement or national security interests of the United States.
(i) IN GENERAL.—Not later than 60 days after the date of the enactment of this paragraph, the Secretary of Homeland Security, in consultation with the Secretary of State and the Director of National Intelligence, shall determine whether the requirement under subparagraph (A) shall apply to any other country or area.
Although INA §217(b)(12)(A)(i), consistent with the title of new INA §217(b)(12), bars use of the VWP only persons who have actually been present in Iraq or Syria or another country of concern, after March 1, 2011, other than as a government employee or military member of a VWP country, new §217(b)(12)(A)(ii) goes significantly further than that. Quite apart from whether someone was present in Syria, Iraq, or another covered country after March 2011 – or has ever been present there – they will be excluded from use of the VWP if, in addition to being a citizen of a VWP-qualifying country, they are also a national of Iraq, Syria, or another covered country. The only exception will be if a waiver is granted to a particular person under INA §217(b)(12)(C) on the basis that “such a waiver is in the law enforcement or national security interests of the United States”.
The other covered countries besides Iraq and Syria, pursuant to new INA 217(b)(12)(a)(i)(II)-(III) and (a)(ii)(II)-(III), include those designated as state sponsors of terrorism by the State Department under several named laws, as well as any countries the Secretary of Homeland Security may later designate under §217(b)(12)(D). The State Department’s list of designated state sponsors of terrorism currently includes Iran, Sudan, and Syria. Syria is already named in INA §217(b)(12)(a)(i)(I) and (a)(ii)(I), but the other two are not. So in total, new INA §217(b)(12)(A)(i) currently applies to nationals of Syria, Iraq, Iran, and Sudan.
According to the Refworld web service of the Office of the UN High Commissioner for Refugees (UNHCR), Article 3.A. of the Syrian nationality law provides that in addition to other sources of nationality, “Anyone born inside or outside the country to a Syrian Arab father” has Syrian nationality. Article 10 of that same law allows a Syrian Arab to forfeit Syrian nationality upon acquiring foreign nationality, but only “provided that a decree has been issued, based on his request and upon recommendation by the Minister [of the Interior], allowing him to abandon his nationality after having fulfilled all his duties and obligations towards the state.” Thus, it appears that one who is born to a Syrian father, and may never have been to Syria, cannot simply avoid or give up Syrian nationality because he no longer wants it, particularly if he has not “fulfilled all his duties and obligations towards the state.” It seems likely, particularly in light of the similar Iranian provision discussed below, that this requirement to have fulfilled one’s “duties and obligations towards the state” is a reference, at least in part, to military service obligations.
Iranian nationality law, as reported by Princeton University’s Iran Data Portal, similarly provides for automatic acquisition of nationality through one’s father and does not allow loss of nationality at will. Article 976, Section 2, of the law bestows Iranian nationality on “Those whose fathers are Iranians, regardless of whether they have been born in Iran or outside of Iran.” Pursuant to Article 988, Iranian nationality can only be abandoned by those who “have reached the full age of 25”, and then only if “the Council of Ministers has allowed their renunciation of their Iranian nationality”, they have undertaken to transfer all rights they possess or may inherit to land in Iran, and “they have completed their national military service.” Those born to Iranian fathers who are under 25, have not completed their military service, do not wish to give up land in Iran, or incur the displeasure of the Council of Ministers, are evidently stuck with their Iranian nationality whether they want it or not.
Iraqi nationality law as reported by Refworld is not quite as bad in this regard, but Article 10(I) of that law does require a written renunciation of one’s Iraqi nationality before even one who has acquired a foreign nationality will lose his or her Iraqi nationality. It is unclear how a child could meaningfully execute such a renunciation, and an adult who becomes a citizen of a Visa Waiver Program country may never have thought to do so, even if he or she had no intention of going back to Iraq and never did.
Sudanese nationality law, as reported by Refworld, makes it easier to give up nationality than in the case of Iran or Syria, but not as easy as in the case of Iraq. Section 4(1)(b)(i) includes among those who are Sudanese nationals anyone whose “father was born in Sudan.” Under Section 10(a), the President of Sudan “may decide to revoke Sudanese nationality from” anyone over the age of majority who is proven to have “made a declaration renouncing his Sudanese nationality”, but the President is specifically given the power to “reject such a declaration if it was made during any war which Sudan participated in.” The law does not clarify whether the President can simply “decide” not to revoke nationality from one who has made a declaration of renunciation even absent such a war.
Thus, many citizens of VWP countries who lack any continuing meaningful ties to a country of concern, or never had any such ties, may be affected by the prohibition of INA §217(b)(12)(A)(ii). Children born to a Syrian, Iraqi, Iranian, or Sudanese father, who are too young to have signed written statements giving up their citizenship, will be barred from the VWP. Adults who have lived their entire lives in VWP countries, but were born to Syrian or Iranian fathers, and could not give up their citizenship under Syrian or Iranian law because they did not fulfill their military service obligations to Syria or Iran, will be barred from using the VWP. This is a rather bizarre result, since one doubts that Congress would have wanted to penalize people for not serving in the Syrian or Iranian military, had the issue been thought through. Perhaps the Secretary of Homeland Security could issue some sort of collective waiver under §217(b)(12)(C), on the basis that it would be in the national security interests of the United States not to encourage service by nationals of VWP countries in the Syrian and Iranian militaries, but that would be a rather cumbersome way to deal with a problem that should not exist in the first place.
Lest this discussion of what one might call involuntary nationality be thought overly academic, it is worth noting that U.S. immigration law does recognize, in at least one other context, the possibility that a person can be penalized for the existence of a nationality which the U.S. government believes them to hold but which they have never sought to use. In Matter of B-R-, 26 I&N Dec. 119 (BIA 2013), an asylum applicant who had been born in Venezuela, and was a citizen of Venezuela, was denied asylum after the Department of Homeland Security (DHS) “submitted evidence that [he] was a citizen of Spain by birth, because his father was born in Spain and was a citizen of that country.” 26 I&N Dec. at 120. Since the applicant in Matter of B-R- did not contest on appeal that he was a citizen of Spain as found by the Immigration Judge, and since he had not argued that he had unsuccessfully attempted to avail himself of the protection of Spain, he was held to be ineligible for asylum because he lacked a fear of persecution in Spain. Matter of B-R-, 26 I&N Dec. at 122 It would seem, under the logic of Matter of B-R-, that INA §217(b)(12)(A)(ii) will apply equally to those who are citizens of Syria, Iraq, Iran, or Sudan solely because of the status of their fathers.
It is true that those barred from the VWP by their Syrian, Iraqi, Iranian or Sudanese dual nationality will not actually be barred from visiting the United States. Rather, persons barred from the VWP on account of their dual nationality will be able to apply for nonimmigrant B-1 or B-2 (or combined B-1/B-2) visas at a U.S. consular post, just like those who are not citizens of VWP countries. But to subject citizens of friendly nations to this additional hurdle solely because of their paternity and possibly failure to satisfy obligations to Syria or Iran, as §217(b)(12)(A)(i) in effect does in some cases, is inappropriate. People who were born in Belgium or France or the UK or some other VWP country and have never left, or have lived in a VWP country for decades and never traveled to a country of concern, should not be precluded from using the VWP because of who their fathers were.
Moreover, because visa waivers are often offered on a basis of reciprocity, INA §217(b)(12)(A)(ii) could have a mirror-image effect on innocent U.S. citizens with the requisite parentage. European Union regulations, for example, as pointed out by NIAC Action (the sister organization of the National Iranian American Council), already provide for the imposition of visa requirements on citizens of countries who have themselves imposed visa requirements on EU nationals. So it is possible that the restrictions imposed by U.S. law on citizens of VWP countries who have dual citizenship in a country of concern, and may be unable to get rid of it, could be imposed by EU countries on U.S. citizens who have such dual citizenship.
Before INA §217(b)(12)(A)(ii) and the rest of Section 203 of the Consolidated Appropriations Act became law, AILA warned against hastily enacting its language in the form of what was then H.R. 158 unless the bill were modified and clarified in a variety of respects (including the nationality provision and other aspects such as legitimate travel to the countries of concern by journalists and humanitarian workers and so on). It is unfortunate that Congress did not heed this warning. The statute should be amended, whether by this Congress or by a future Congress, so that it does not bar from the VWP nominal citizens of covered countries who have not recently been to those countries. Other changes to the language produced by the same rushed process that gave us the above-discussed absurd results, although outside the scope of this blog post, may also be warranted.


§ 8-1 Legislative intent and authority.
§ 8-3 Position established; appointment.
§ 8-4 Termination of terms of Assessors now in office.
§ 8-5 Legislative intent and authority.
§ 8-7 Hearing dates established.
Editor's Note: This local law also superseded the former provisions of Ch. 8, Assessors, providing for elected Assessors, adopted 3-9-1971 by L.L. No. 1-1971, approved at referendum 5-11-1971.
The purpose of this article is to implement the use of a single appointed Assessor in the Town of Naples as provided for by § 310 of the Real Property Tax Law of the State of New York.
This article shall hereafter be known as "The Town of Naples Single Appointed Assessor Law."
On and after January 1, 2006, there shall be but one Assessor for the Town of Naples, appointed by the Town Board, in accordance with the provisions of § 310 of the Real Property Tax Law of the State of New York.
The terms of office of Assessors presently serving the Town of Naples shall terminate at midnight on December 31, 2005.
Editor’s Note: This local law also superseded former Art. II, Hearing Date for Complaints, adopted 3-11-2013 by L.L. No. 1-2013.
The purpose of this article is to designate the first Wednesday following the fourth Tuesday of May each year for the calendar years 2014 and thereafter, and such days thereafter as are necessary, for the Board of Assessment Review to meet and hear complaints in relation to real property assessments in the Town of Naples, as provided for by § 512, Subdivision 1-a, of the Real Property Tax Law of the State of New York.
This article shall hereafter be known as "The Town of Naples Local Law for an Alternate Date to Hear Real Property Assessment Complaints for 2014 and Thereafter."
The Board of Assessment Review of the Town of Naples shall hear complaints in relation to real property assessments on the first Wednesday following the fourth Tuesday of May each year for the calendar years 2014 and thereafter, and upon such dates thereafter as are necessary to complete said hearings, no later than the second Tuesday in June each year.