U.S. Department of Transportation Federal Aviation Administration 

### September 16, 2014 Mr. Russ Maguire, A.A.E. Airport Manager New England Reg ion



### Norwood Memorial Airport 125 Access Road Norwood, MA 02062 DearMr. Maguire: 12 New England Executive Pari< Burlington, MA 01803



### On Tuesday, August 5, 2014, representatives from the Federal Aviation Administration (FAA) and Massachusetts Department ofTransportation Aeronautics Division conducted a land use inspection at Norwood Memorial Airport (OWD), Norwood, Massachusetts. We would like to thank you and your Commissioners for the time and attention you committed to our visit. The purpose ofthe inspection was to determine whetherthe airport sponsor, Town of Norwood and its Airport Commission, is in compliance with the terms ofits Federal obligations dealing with airport property use, lease agreements and property releases. The inspection included a review ofairport property use in accordance with the currently approved Airport Layout Plan (ALP) dated October 30, 2007. We are providing you with a Land Use Inspection Report documenting our discussion and observations during the inspection. The compliance action items noted under Inspection Remarks require the airport sponsor submit a corrective action plan to this office by October 20, 2014. Should you have any questions please contact Thomas Vick, the New England Region Airport Compliance and Land Use Specialist, at 781-238-7618.



# v~ T. Walsh 

# Jw, Airports Division

cc: MassDOT Aeronautics Division

### LAND USE INSPECTION REPORT Norwood Memorial Airport- August 2014 Federal Aviation Administration, New England Region, Airports Division Inspection Site Location: Norwood Memorial Airport (OWD) , Norwood , MA Individuals Conducting Inspection: Thomas Vick, FAA, New England Region Airports Division, Compliance Specialist Lisa Lesperance, FAA, New England Airports Division , Planner Lauren King , FAA, New England Airports Division , Management Analyst Steven Rawding , MassDOT Aeronautics, Planner Purpose: This inspection serves as part ofthe FAA's compliance oversight offederally obligated General Aviation Airports in order to assess if airport land-uses comply with Federal requirements
. The inspection was conducted as per Senate Report No.106-55 , dated May 1999 and Compliance Letter 2002-01 , dated May 15, 2002, Regional Land Use Inspections. Airport Owner/Operator: Owner/Operator- Town of Norwood Airport Manager- Norwood Airport Commission , Russ Maguire, A.A.E. Airport Master Record - 5010: (Operations for 12 months ending 9/30/2013) 1 . Based Aircraft - 114 2. Multi-Engine - 10 3. Jet- 8 Operations 4. Air Taxi - 22 ,000 5. GA Local- 40,000 6. GA Itinerant- 37,000 7. Military - 800 Total Annual Operations - 99,800 Airport Federal Obligations: 1 . Expired AP-4 Agreements 2. Grant Agreements underAirport Improvement Program (AlP) , Federal-Aid Airport Progress (FAAP) , and/or Airport Development Aid Program (ADAP) 3. Assurance pursuant to Title VI, Civil Rights Act of 1964



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### LAND USE INSPECTION REPORT Norwood Memorial Airport- August 2014 Federal Aviation Administration, New England Region, Airports Division Aerial View ofAirport Property:

Airport Background/History Norwood Memorial Airport (OWD) is a general aviation reliever airport owned and operated by the Town of Norwood through its Airport Commission
. OWD has an air traffic control tower that is contracted by Midwest ATC. It is operational daily. OWD has two runways that are both paved asphalt and several helipads. The FAA funded a FAR Part 150 noise compatibility study for OWD in 1986. The airport has received more than $17M in entitlement and discretionary airport improvement funding since the program began in 1982. Special Grant Assurance As a Commonwealth of Massachusetts airport sponsor, there is a required special condition added to the Massachusetts airports' grant agreements. It states:


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### LAND USE INSPECTION REPORT Norwood Memorial Airport- August 2014 Federal Aviation Administration, New England Region, Airports Division

' 'The FAA, in tendering this offeron behalfofthe United States, recognizes the existence ofan agency relationship between the Town ofNorwood , as principal , and the Massachusetts Aeronautics Commission, as agent, created by an Agreement ofAgency datedApril 21, 1971, which incorporated herein by reference
. The sponsoragrees that saidAgencyAgreement will not be amended , modified orterminated without the prior written approval ofthe FAA. " Airport Sponsor's Compliance with Federal Obligations There was a Title 14 Code of Federal Regulations Part 16 Complaint filed in 2008, Boston Air Charter, Complainant, versus Norwood Airport Commission, Norwood , Massachusetts, FAA Docket Number 16-07-03. The FAA investigation found that the Town of Norwood was in noncompliance of its grant assurances. The FAA required the Town of Norwood to provide a corrective action plan to address how the Airport will provide access to aeronautical service providers to establish a fuel facility and conduct self-fueling operations consistent with state and local regulations; will end the practice of awarding long-term leases offederally funded ramps that have the effect of granting one party control over the majority ofthe ramps on the Airport; put in place short term ramp leasing policy for the Airport to assert more control ofthe federally funded ramps; and will regain the Airport's rights and powers to access the 1100 foot strip to provide power to the Airport ramps for Airport tenants. The Town provided a corrective action plan that the FAA concurred with . In 2014, the FAA opened a Title 14 Code of Federal Regulations Part 13 Informal Investigation concerning the Town of Norwood's compliance with its grant assurances on unjust discrimination and exclusive rights. At this time , the investigation is pending additional information from the complainant. Because of the ongoing Part 13 complaint, issues related to that complaint are not discussed in this inspection
. Consequently, the FAA may require follow-up meetings and actions by the Town on additional questions after the Town addresses the findings in this land use inspection
. Airport Operations, Pavement, and General Maintenance A tour of the facility demonstrated the useable pavement and associated markings to be in good condition. This had been confirmed by the review ofthe Pavement Analysis Study for OWD financed by the Massachusetts DOT Aeronautics in 2012 . There is an established Vegetation Management Plan that is required under state law by the Commonwealth of Massachusetts Department of Environmental Programs
. The airport also conducts daily airfield inspections, which includes wildlife and if necessary, issuing a daily NOT AM for bird activity on the airport.

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### LAND USE INSPECTION REPORT Norwood Memorial Airport- August 2014 Federal Aviation Administration, New England Region, Airports Division Airport Existing Land Use Analysis This land use inspection focuses on the Airport's adherence to several key Airport Improvement Program Grant Assurances: Assurance 5 - Preserving Rights and Powers Assurance 19 - Operation and Maintenance Assurance 20 - Hazard Removal and Mitigation Assurance 23 - Exclusive Rights Grant Assurance 5. Preserving Rights and Powers. Grant Assurance 5 states the Sponsor:

"a. It will not take orpermit any action which would operate to deprive it ofany ofthe rights andpowers necessary to perform anyorall ofthe terms, conditions, and assurances in the grantagreement without the written approval ofthe Secretary , and will actpromptly to acquire, extinguish ormodifyany outstanding rights orclaims ofright of others which would interfere with such performance by the sponsor . This shall be done in 

### a manneracceptable to the Secretary. b. It will not sell , lease, encumber , orotherwise transferordispose ofanypart ofits title orotherinterests in the propertyshown on Exhibit "A "to this application or , for

### a noise compatibilityprogram project , thatportion ofthe property upon which federal funds have been expended , for the duration ofthe terms, conditions, andassurances in the grant agreement without approval by the Secretary
. Ifthe transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the federal obligations ofthe grant agreement and to have the power , authority , and financial resources to carry out all such federal obligations, the sponsorshall insert in the contract ordocument transferring ordisposing ofthe sponsor' s interest , and make binding upon the transferee all ofthe terms, conditions, andassurances contained in this grant agreement . " Inspection Remarks Concerning Grant Assurance 5 The Exhibit A (i.e. the airport property map) and Airport Layout Plan (ALP) needs to be updated . The airport management team was unsure ofthe property lines on certain parcels. These parcels of land need to be properly surveyed and identified whether the airport sponsor, the Norwood Airport Commission , is the owner of the properties. One parcel of concern includes lands outside the airfield fence adjacent to the Verizon parking lot. The other includes the parcels of leased airport property in dispute between Boston Aircraft Group and Boston Executive Helicopters.
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### LAND USE INSPECTION REPORT Norwood Memorial Airport- August 2014 Federal Aviation Administration, New England Region, Airports Division Airport restaurants are considered a non-aeronautical activity. The airport restaurant should be designated as interim non-aeronautical purposes on the appropriate ALP exhibit sheets. The inspection also identified a public observation area located on land designated as aeronautical. While this use is currently acceptable since there is no current demand for it, the airport management staff stated that there is very limited available usable land for further development. Therefore, this area should also be designated on the ALP sheets as an interim nonaeronautical use activity to protect it to meet a future aviation activity. In addition, airport management staff indicated that they were unaware whether the subtenant leases were formally reviewed and approved by the airport sponsor. By failing to review and approve subleases, the airport sponsor could be depriving itself of being able to perform all of its Federal obligations. FAA strongly recommends that the sponsor reviews and approves all subtenant leases. 

### Grant Assurance 19 Operation and Maintenance. This grants states that:

"a.The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable federal , state and local agencies for maintenance and operation . It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith ,with due regard to climatic and flood conditions.Any proposal to temporarily close the airport for nonaeronautical purposes must first be approved by the Secretary
. In furtherance of this assurance, the sponsor will have in effect arrangements for: (1) Operating the airport's aeronautical facilities whenever required; (2) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and (3) Promptly notifying airmen of any condition affecting aeronautical use ofthe airport." 

### Inspection Remarks Concerning Grant Assurance 19 The inspection noted a picnic bench and a snowblower inside the airfield fence line. While a small snowblower may be acceptable during snow season , it needs to be removed from the aircraft ramp during the offseason. During snow season, it needs to be located on the grass behind the aircraft. The picnic bench needs to be removed from the airfield . The airport reported there is bird activities on the airport particularly waterfowl that come from the adjacent river. According to the airport management staff, there are only daily inspections on weekdays or special inspections
. When they observe a wildlife hazard , the staff issues a NOT AM. Thus, it is conceivable that there may be a wildlife hazard and a NOTAM is not issued . Consequently, it is recommended that the airport sponsor insert a comment in the Airport Facility Directory (AFD) to provide further notification ofwildlife hazards to pilots. 

### Grant Assurance 20. Hazard Removal and Mitigation. 5

### LAND USE INSPECTION REPORT Norwood Memorial Airport- August 2014 Federal Aviation Administration, New England Region, Airports Division This grant assurance states that the sponsor:

"It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing , lowering , relocating , marking , or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation offuture airport hazards." Inspection Remarks Concerning Grant Assurance 20 It appears that there are trees penetrating the approach surfaces to the runways. The airport management staff confirmed that these trees are located on airport sponsor owned property. The airport sponsor must clear the tree obstructions that penetrate the approaches to the runways . Grant Assurance 23. Exclusive Rights. This Assurance states:

"It will permit no exclusive right for the use ofthe airport by any person providing , or intending to provide, aeronautical services to the public. For purposes ofthis paragraph , the providing ofthe services at an airport by a single fixed-base operator shall not be construed as an exclusive right if both ofthe following apply: a. It would be unreasonably costly, burdensome, or impractical for more than one fixedbase operator to provide such services, and b. If allowing more than one fixed-base operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed-base operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person , firm , or corporation , the exclusive right at the airport to conduct any aeronautical activities, including , but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting , aerial advertising and surveying , air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code ." Inspection Remarks Concerning Grant Assurance 23 FAA has no comments or remarks concerning this Grant Assurance at this time.

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