### MURPHY, HESSE, TOOMEY & 

### LEHANE, LLP Attorneys At Law

CROWN COLONY PLAZA 300 CROWN COLONY DRIVE SUITE 410 QUINCY, MA02169
75-101 FEDERAL STREET BOSTON, MA 02110
ONE MONARCH PLACE SUITE 1310R SPRINGFIELD, MA 01144
TEL: 617-479-5000 FAX: 617-479-6469 TOLL FREE: 888-841-4850
www.mhtl.com 

### Please respondto Quincy

VIA OVERNIGHT MAIL AND EMAIL (9-AWA-AGC-Part-16@faa.gov)
Office ofthe ChiefCounsel 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 Ja

mes 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. Macca ro Brian P. Fox Lauren C. G al

vin 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 ExecutiveHelicopters v. Town of Norwood, Massachusetts andNorwoodAirport Commission; Docket

### No. 16-15-05 Respondents'Motion for Leave to File a SupplementalRebuttal
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 pertainto 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 ofthe ChiefCounsel 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 ofcredit, in an amount determined by the Norwood Airport Commission (in lieu ofa personal guaranty); (b) BEH provides evidence ofinsurance 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) BEHprovides 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 ofthe 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 ofbackground, 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 ofwhich were consistent with BEH's status as a new FBO entrant, without a demonstrated history as an FBO, and the limited amount ofspace 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 Sovereignjets. The Cessna Citation Sovereign is the largestjetthat 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 werejustified 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 ofthe ChiefCounsel 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 ofBEH'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 ofthe ChiefCounsel 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 ofNorwood, Massachusetts and Norwood Airport Commission in Boston Executive Helicopters, LLC v. Town ofNorwood, Massachusetts and Norwood Airport Commission, FAA Docket No. 16-15-05, hereby certify that on this 1 

## ih day ofJune 2016, a copy ofthe 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 ofthe ChiefCounsel 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

931 244vl 

### Brandon H

. Moss