MURPHY, HESSE, TOOMEY & LEHANE, LLP 

Attorneys At Law 

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Please respond to Quincy 

VIA OVERNIGHT MAIL 

AND EMAIL (9-AWA-AGC-Part-16@faa.gov) 

Office of the Chief Counsel 

Attention: FAA Part 16 Docket Clerk AGC-600 

Room 900-E 

Federal Aviation Administration 

800 Independence Ave., S.W. 

Washington, D.C. 20591 

Arthur P. Murphy 

James A. Toomey 

Katherine A. Hesse 

Michael C. Lehane 

John P. Flynn 

Regina Williams Tate 

Edward F. Lenox, Jr. 

Mary Ellen Sowyrda 

David A. DeLuca 

Donald L. Graham 

Andrew J. Waugh 

Geoffrey P. Wermuth 

Kathryn M. Murphy 

Alisia St. Florian 

Thomas W. Colomb 

Brandon H. Moss 

Kevin F. Bresnahan 

June 17, 2016 

Doris R. MacKenzie Ehrens 

Jean E. Zeiler 

Clifford R. Rhodes, Jr. 

Karis L. North 

Bryan R. Le Blanc 

Michael J. Maccaro 

Brian P. Fox 

Lauren C. Galvin 

Tami L. Fay 

Kier B. Wachterhauser 

Sarah A. Catignani 

Lena-Kate Ahern 

Felicia S. Vasudevan 

Ann M. O'Neill, Senior Counsel 

Re: Part 16 Complaint: Boston Executive Helicopters v. Town of Norwood, 

Massachusetts and Norwood Airport Commission; Docket No. 16-15-05 

Respondents' Motion for Leave to File a Supplemental Rebuttal 

Dear Sir or Madam: 

Pursuant to 14 C.F.R. § 16.19, the Respondents in the above-referenced matter, the Town 

ofNorwood, Massachusetts and the Norwood Airport Commission (collectively, 

"Respondents"), respectfully move the Federal Aviation Administration ("FAA") for leave to file 

an additional Supplemental Rebuttal in connection with the above-referenced Part 16 Complaint. 

If leave is granted, the Respondents' Supplemental Rebuttal is set forth herein. 

The basis for this request to file an additional Supplemental Rebuttal is based upon two 

(2) votes by the Norwood Airport Commission at its June 15, 2016 meeting (i.e., yesterday). 

These votes pertain to the commercial permits sought by the Complainant, Boston Executive 

Helicopters, LLC ("BEH"), for a fixed-base operator ("FBO") business - which is the subject of 

BEH's Part 16 Complaint- and for non-FBO purposes. 
MURPHY, HESSE, TOOMEY & LEHANE, LLP 

Attorneys At Law 

Office of the Chief Counsel 

Attention: FAA Part 16 Docket Clerk AGC-600 

Federal Aviation Administration 

June 17, 2016 

Page 2 

In particular, the Norwood Airport Commission voted unanimously as follows: 

1. To approve BEH's application for an FBO commercial permit, provided that: (a) 

BEH provides an irrevocable letter of credit, in an amount determined by the 

Norwood Airport Commission (in lieu of a personal guaranty); (b) BEH provides 

evidence of insurance for its FBO business, for the same level and amount of 

insurance as provided by FlightLevel Norwood, LLC, the incumbent FBO at 

Norwood Memorial Airport; (c) BEH provides a revised scaled fueling plan, 

prepared by a professional engineer; and (d) the Norwood Airport Commission 

and BEH execute a lease for so-called Parcels A and B on the West Apron of the 

Norwood Memorial Airport and that the parties, through their respective 

attorneys, resolve the outstanding legal matters between them. 

2. To approve BEH's application for a non-FBO commercial permit for Fiscal Year 

2017 (commencing on July 1, 2016). 

By way of background, the Norwood Airport Commission previously offered BEH a 

smaller leasehold on the West Apron, which BEH rejected in 2014. The Norwood Airport 

Commission offered BEH a larger leasehold on the West Apron, with conditions that BEH did 

not previously satisfy. The West Apron is the last apron at the Norwood Memorial Airport over 

which the Norwood Airport Commission has direct c;ontrol, given preexisting leases currently in 

place. 

The West Apron leasehold that the Norwood Airport Commission offered to BEH is 

substantially larger than the prior lease offers to BEH - the latter of which were consistent with 

BEH's status as a new FBO entrant, without a demonstrated history as an FBO, and the limited 

amount of space available at the Norwood Memorial Airport. In particular, in its June 15, 2016 

vote, the Norwood Airport Commission offered BEH approximately 23,572 square feet on the 

West Apron for its FBO business. This proposed leasehold on the West Apron can 

accommodate multiple Cessna Citation Sovereign jets. The Cessna Citation Sovereign is the 

largest jet that the Norwood Memorial Airport can handle; with the leasehold, BEH can fuel such 

jets in a ground position. 

At its June 15, 2016 meeting, the Norwood Airport Commission expressly stated its 

intent to move forward and resolve outstanding issues with BEH - while at the same time 

making clear that the Norwood Airport Commission's prior actions were justified and in 

accordance with applicable requirements. Indeed, the Norwood Airport Commission noted that 

it had supported BEH and its business in the past, and the Norwood Airport Commission called 

on BEH to resolve the outstanding matters as BEH had previously indicated. 
MURPHY, HESSE, TOOMEY & LEHANE, LLP 

Attorneys At Law 

Office of the Chief Counsel 

Attention: FAA Part 16 Docket Clerk AGC-600 

Federal Aviation Administration 

June 17, 2016 

Page 3 

BEH has not yet responded to the Norwood Airport Commission's June 15, 2016 vote. 

Nonetheless, the Respondents respectfully request that the FAA consider this recent development 

in its review of BEH' s Part 16 Complaint - notwithstanding BEH' s prior conduct, the 

Respondents remain amenable and willing to work with BEH to advance its stated interests in 

operating an FBO at the Norwood Memorial Airport. 

Thank you for your courtesy in this matter. 
MURPHY, HESSE, TOOMEY & LEHANE, LLP 

Attorneys At Law 

Office of the Chief Counsel 

Attention: FAA Part 16 Docket Clerk AGC-600 

Federal Aviation Administration 

June 17, 2016 

Page 4 

CERTIFICATE OF SERVICE 

I, Brandon H. Moss, counsel to the Respondents, Town of Norwood, Massachusetts and 

Norwood Airport Commission in Boston Executive Helicopters, LLC v. Town of Norwood, 

Massachusetts and Norwood Airport Commission, FAA Docket No. 16-15-05, hereby certify 

that on this 1 ih day of June 2016, a copy of the foregoing document was served via overnight 

mail and email as follows: 

Complainant, Boston Executive Helicopters, LLC (one copy): 

Timothy I. McCulloch, Esquire 

Hinshaw & Culbertson LLP 

2375 East Camelback Road, Suite 750 

Phoenix, AZ 85016 

TMcCulloch@hinshawlaw.com 

FAA Part 16 Airport Proceedings Docket (original and three (3) copies): 

Office of the Chief Counsel 

Attention: FAA Part 16 Airport Docket Clerk AGC-600 

Room 900-E 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

9-AWA-AGC-Part-16@faa.gov 

931244vl 

Brandon H. Moss