On April 13, 2012, following the passage of the Federal Aviation Administration Modernization and Reform Act of February 14, 2012 («FMRA»), the Federal Aviation Administration (FAA) proposed changes to the «subsidy guarantees» included in FAA contracts with airports receiving FAA funding for physical improvements and/or noise performance. These changes were made to ensure consistency in grant contracts with changes made by FMRA. The revisions focus on three categories of measures: (1) the authorization of «by-closing» transactions, under certain conditions; (2) exceptions to current restrictions on the use of airport revenues; and (3) revision of the rules on the use of revenue from the transfer of FAA-subsidized airport property. If the proposed legislation came into force, it would change the landscape of fencing at public airports, which will benefit from federal funding. By closing [TTF] operations are carried out when an airport sponsor enters into an agreement allowing access to airport runways, runways and aircraft facilities on the base of adjacent land but not to a portion of the airport property. FTT operations range from airport operators who provide aviation assistance and services and who often compete with airport service providers to provide the same support and services, to residential FTT agreements that provide airport access to hangars and homes on private land adjacent to an airport [also known as Fly-in-Communities or «Wohn-Airparks»). Historically, the Federal Aviation Administration (FAA) has «discouraged» FTT operations at Federally funded airports, including the in-between airport services towers, which would compete with FBo Airport-Airport. The FAA has approved certain FTT agreements for residential real estate on a case-by-case basis. … Continu reading FAA changes its position on agreements «through the fence» with residential real estate owners … Continuing the proposed federal litigation would allow for residential-through-the-Fence operations at public airports.