Withdrawal of International Airport Designation of Chalk Seaplane Base
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Issuing agencies
Abstract
U.S. Customs and Border Protection (CBP) is proposing to withdraw the international airport designation of Chalk Seaplane Base, now operating as Miami Seaplane Base. This proposal is based on evidence that the facility at this location has not been in compliance with CBP regulatory and security standards and the amount of business clearing through the airport does not justify continued maintenance of inspection equipment and personnel. The proposed change is part of CBP's continued efforts to use its personnel, facilities, and resources more efficiently and to provide better service to carriers, importers, and the public.
Full Text
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<title>Federal Register, Volume 91 Issue 161 (Friday, August 21, 2026)</title>
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[Federal Register Volume 91, Number 161 (Friday, August 21, 2026)]
[Proposed Rules]
[Pages 54249-54252]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-17108]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 91, No. 161 / Friday, August 21, 2026 /
Proposed Rules
[[Page 54249]]
DEPARTMENT OF HOMELAND SECURITY
8 CFR Part 100
DEPARTMENT OF ENERGY
U.S. Customs and Border Protection
19 CFR Part 122
[Docket No. USCBP-2026-0892]
RIN 1651-AB51
Withdrawal of International Airport Designation of Chalk Seaplane
Base
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security.
ACTION: Notice of proposed rulemaking.
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SUMMARY: U.S. Customs and Border Protection (CBP) is proposing to
withdraw the international airport designation of Chalk Seaplane Base,
now operating as Miami Seaplane Base. This proposal is based on
evidence that the facility at this location has not been in compliance
with CBP regulatory and security standards and the amount of business
clearing through the airport does not justify continued maintenance of
inspection equipment and personnel. The proposed change is part of
CBP's continued efforts to use its personnel, facilities, and resources
more efficiently and to provide better service to carriers, importers,
and the public.
DATES: Send comments on or before October 20, 2026.
ADDRESSES: Please submit comments, identified by docket number [USCBP-
2026-0892], by the following method:
<bullet> Federal eRulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
Follow the instructions for submitting comments.
Instructions: All submissions received must include the agency name
and docket number for this rulemaking. All comments received will be
posted without change to <a href="http://www.regulations.gov">http://www.regulations.gov</a>, including any
personal information provided. For detailed instructions on submitting
comments and additional information on the rulemaking process, see the
``Public Participation'' heading of the SUPPLEMENTARY INFORMATION
section of this document.
Docket: For access to the docket to read background documents or
comments received, go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Joshua Serian, Special Advisor,
Facilities and Tech Division, Office of Field Operations, U.S. Customs
and Border Protection, by phone at 202-713-8649 or email at
<a href="/cdn-cgi/l/email-protection#95dffae6fde0f4bbc6f0e7fcf4fbd5f6f7e5bbf1fde6bbf2fae3"><span class="__cf_email__" data-cfemail="b3f9dcc0dbc6d29de0d6c1dad2ddf3d0d1c39dd7dbc09dd4dcc5">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Public Participation
Interested persons are invited to participate in this rulemaking by
submitting written data, views, or arguments on all aspects of the
notice of proposed rulemaking. CBP also invites comments that relate to
the economic, environmental, or federalism effects that might result
from this proposal. Comments that will provide the most assistance to
CBP will reference a specific portion of the proposed rule, explain the
reason for any recommended change, and include data, information, or
authority that support such recommended change.
II. Background
A. Legal Authority
Section 402 of the Homeland Security Act of 2002, Public Law 107-
296, 116 Stat. 2142, as amended (HSA) (6 U.S.C. 202), sets forth the
responsibilities of the Secretary of Homeland Security (Secretary),
including, in pertinent part, securing the borders, ports, and air
transportation systems of the United States, including managing and
coordinating those functions transferred to the Department of Homeland
Security (DHS) at ports of entry; carrying out certain immigration
enforcement functions transferred to DHS; and administering the customs
laws of the United States.\1\ Section 403 of the HSA, codified at 6
U.S.C. 203, transferred to the Secretary of DHS the functions of the
United States Customs Service, including functions of the Secretary of
the Treasury relating thereto. See 6 U.S.C. 203(1). Although section
412 of the HSA, codified at 6 U.S.C. 212, retained certain customs
revenue functions with the Secretary of the Treasury, the authority
under 19 U.S.C. 1644a was not among the functions retained. See 6
U.S.C. 212(a). Accordingly, the Secretary may designate ports of entry
in the United States for civil aircraft arriving in the United States
from a place outside the United States and for property transported on
that aircraft, and may, by regulation, apply to civil air navigation,
the laws and regulations on carrying out the customs laws, to the
extent and under conditions the Secretary considers necessary. See
section 2 of the Act of July 5, 1994, Public Law 103-272, 108 Stat.
745, 1358 (19 U.S.C. 1644a).
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\1\ Section 1512 of the HSA (6 U.S.C. 552) contains savings
provisions governing completed administrative actions, pending
proceedings and civil actions, references, employment provisions,
and statutory reporting requirements following the transfer of
functions to DHS. Section 1517 of the HSA (6 U.S.C. 557) provides
that, with respect to transferred functions, references in Federal
law to a department, commission, agency, officer, or office are
deemed to refer to the Secretary, other official, or component of
DHS to which the function is transferred.
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Additionally, the Secretary is charged with the administration and
enforcement of the Immigration and Nationality Act (INA) and all other
laws relating to the immigration and naturalization of aliens, except
insofar as those laws relate to the powers, functions, and duties
conferred upon the President, the Attorney General, the Secretary of
State, officers of the Department of State, or diplomatic consular
officers. See section 103(a)(1) of the INA, Public Law 82-414, 66 Stat.
163, 173 (1952)), as amended (INA) (8 U.S.C. 1103(a)(1)).\2\ Pursuant
to the HSA, the immigration functions previously exercised by the
Attorney General through the Immigration and Naturalization Service
were transferred to the Secretary of Homeland Security. Section 402 of
the HSA (6 U.S.C. 202) further provides that the Secretary is
responsible for securing the borders, territorial waters, ports,
waterways, and air, land, and sea transportation systems, including
managing and coordinating those functions transferred to the Department
at ports of entry. Accordingly, the Secretary is authorized by
regulation to designate as ports of entry for aliens arriving by
aircraft any of the ports of entry for civil aircraft designated as
such in accordance with law. See INA sec. 234 (8 U.S.C. 1224).
[[Page 54250]]
B. Current Regulations
The airports designated for arriving aircraft under the authorities
described above are known as ``international airports.'' See sections
234.1 and 234.4 of title 8 and section 122.1(e) of title 19 of the Code
of Federal Regulations (CFR). Such international airports are so
designated for the entry of aircraft arriving in the United States from
any place outside thereof and for the merchandise carried on such
aircraft, that is, for administration of the customs laws of the United
States; as well as for the entry of aliens arriving on such aircraft,
that is, for administration of the immigration laws of the United
States. See 8 CFR 234.1, 234.4 (immigration); 19 CFR 122.1(e)
(customs). Generally, the first landing of an aircraft entering the
United States from a foreign area will be at a designated international
airport unless the aircraft has been exempted or permission to land
elsewhere has been granted. See 8 CFR 234.2; 19 CFR 122.33.
For purposes of the administration of the customs laws, such
designated international airports are listed in 19 CFR 122.13 and are
open to all aircraft for entry and clearance at no charge by CBP, as
detailed in 19 CFR 122.12, along with other operational requirements.
Each designated international airport must provide, without cost to the
Federal Government, proper office and other space as detailed in 19 CFR
122.11(c). The following reasons for withdrawal of the designation as
an international airport are set forth in 19 CFR 122.11(b): (1) the
amount of business clearing through the airport does not justify
maintenance of inspection equipment and personnel; (2) proper
facilities are not provided or maintained by the airport; (3) the rules
and regulations of the Federal Government are not followed; or (4) some
other location would be more useful.
For purposes of the administration of immigration laws, such
designated international airports are described in 8 CFR 234.4 and
listed in 8 CFR 100.4(b). Each designated international airport must
provide adequate facilities at such airport without cost to the Federal
Government for the proper inspection and disposition of aliens,
including office space and such temporary detention quarters as may be
found necessary, as detailed in 8 CFR 234.4. Pursuant to 8 CFR 234.4,
the designation of an airport as an international airport for the entry
of aliens may be withdrawn whenever, in the judgment of the
Commissioner of CBP, there appears just cause for such action.
IV. Purpose of the Rule and Proposed Amendments
DHS and CBP are proposing to remove Chalk Seaplane Base, now
operating as Miami Seaplane Base (CSB),\3\ from the lists of designated
international airports in both title 8 and title 19 of the CFR.\4\ 8
CFR 100.4(b) and 19 CFR 122.13. As detailed below, this proposal is
based on the judgment of the Commissioner of CBP that there is just
cause for the withdrawal of the designation for immigration purposes.
See 8 CFR 234.4. Separately, the proposal is based on airport
management's failure to maintain proper CBP facilities and an
insufficient volume of business at the airport for customs purposes.
See 19 CFR 122.11(b).
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\3\ While the airport is now commonly known as ``Miami Seaplane
Base,'' the regulations refer to it as ``Chalks Flying Service
Seaplane Base'' and ``Chalk Seaplane Base.'' (8 CFR 100.4 and 19 CFR
122.13.) For ease, this document will use the abbreviation ``CSB''
when referring to the seaplane base.
\4\ CBP ports of entry are also listed, along with a citation to
their geographic boundaries in most cases, in 19 CFR 101.3. The
geographic boundaries listed in 19 CFR 101.3 for the Miami port of
entry include the location of CSB (as described in T.D. 53514).
However, withdrawing the designation of CSB as an international
airport will not affect the geographic boundaries of the Miami port
of entry. Therefore, DHS is not proposing to amend 19 CFR 101.3 with
regard to the Miami port of entry.
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A. History of Operations at Chalk Seaplane Base
In 1926, Chalks Airline built CSB on Watson Island, in Biscayne
Bay, near the city of Miami, Florida, and was authorized to operate CSB
by the City of Miami. CSB was added to the list of international
airports for arriving aliens then codified at the former 8 CFR 231.6 on
December 19, 1952 (17 FR 11469, 11501), and to the list of customs
international airports in 19 CFR 122.13, on March 22, 1988 (53 FR 9292,
9295). Beginning in approximately 1929, Chalks Airline and other
airlines operated flights to and from CSB, including international
flights. Chalks Airline ceased flight operations in 2007 when the U.S.
Department of Transportation revoked the airline's flight authority due
to safety issues, and Chalks Airline has not operated flights since
that time. However, Chalks Airline still possessed the rights to
operate CSB. In 2012, Nautilus Enterprises purchased Chalks Airline
and, with it, the rights to operate CSB. Until May 2021, CBP processed
passengers for customs and immigration purposes for up to 11 flights at
CSB, on a weekly basis. The flights typically originated from the
Bahamas and contained about five passengers each. During that time, CBP
officers traveled from the Miami Seaport, located three miles away from
CSB, to process passengers at CSB. Beginning in 2013, CBP engaged in
several rounds of communication with CSB management regarding CSB's
facilities that did not meet CBP's regulatory criteria for safety and
security relating to inspectional activities and low passenger volume.
Due to CSB's continued failure to provide a compliant facility, CBP
began denying all aircraft traveling from foreign areas permission to
land at CSB starting in May 2021, as discussed below. The airport still
exists and operates for non-international flights. All international
flights use nearby aviation facilities such as Fort Lauderdale-
Hollywood International and Miami International airports for CBP
processing.\5\
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\5\ Information provided by CBP's Office of Field Operations'
subject matter expert on July 8, 2024.
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B. Noncompliant CBP Processing Facility
The facilities at CSB do not meet CBP's compliance standards as
required in 8 CFR 234.4 and 19 CFR 122.11(b), despite repeated requests
by CBP to the President of Chalks Airline, as the manager in charge of
operations at CSB, to provide adequate space. After multiple rounds of
communication between Chalks Airline and CBP regarding the noncompliant
facility, on August 6, 2019, CBP sent the President of Chalks Airline a
formal notice stating that CSB must provide a compliant facility within
12 months. CBP explained that if a compliant facility was not provided
during this time, all passengers and crewmembers would be transported
under safeguard to Port of Miami facilities for processing, at the
expense of the operator. Chalks Airline confirmed receipt of this
notice in October 2019, during conversations with CBP, but ultimately
did not commit to providing compliant facilities. On March 2, 2020, CBP
notified Chalks Airline that the transportation of passengers and
crewmembers to Port of Miami facilities under safeguard would not be
allowed after November 4, 2020, citing ongoing safety and security
concerns. CBP stated that, after this date, CBP would deny permission
to land to all aircraft operators seeking to land at CSB from any
foreign area, until CSB provides and maintains a compliant facility.
Due to the COVID-19 pandemic, this deadline was not enforced until
2021. On April 15, 2021, CBP sent Chalks Airline a
[[Page 54251]]
formal notice that CBP would begin denying permission to all aircraft
operators seeking to land at CSB from any foreign area, on May 15,
2021. Since May 15, 2021, CBP has denied permission to land to all
aircraft operators at CSB from foreign areas and has directed these
flights to land at Miami International Airport or Fort Lauderdale-
Hollywood International Airport, for CBP customs and immigration
processing.
In April 2022, Chalks Airline stated that it had not started
constructing a compliant facility and that it would be about two years
until the facility would be complete. No progress has been made to
date. Chalks Airline has repeatedly provided to CBP over the past five
years an artistic rendition of the proposed new terminal. However, CBP
has continued to state that the layout of this facility is still not
compliant with the 2021 CBP Airport Terminal Design Standard.
Therefore, CSB continues to violate the requirements of 8 CFR 234.4 and
19 CFR 122.11(b)(2) and (c).
C. Insufficient Passenger Volume
Even if Chalks Airline provided a compliant facility for CBP
processing, there are not enough passengers traveling through CSB to
warrant an international airport designation. The applicable customs
regulations for the designation of international airports state that
the designation may be withdrawn because the amount of business
clearing through the airport does not justify maintenance of inspection
equipment and personnel. 19 CFR 122.11(b)(1). As stated above, before
2021, CBP was only processing about 55 passengers weekly at CSB from
only one international destination: the Bahamas. Furthermore, Miami
International Airport is only three miles from CSB, offering a
reasonable alternative to flights that would have otherwise been
processed at CSB. Further, as noted above, designation as an
international airport for entry of aliens may be withdrawn if the
Commissioner of CBP finds just cause for such withdrawal. See 8 CFR
234.4. The Commissioner has recommended to the Secretary that the
international airport designation for CSB should be withdrawn.
D. Proposed Amendments
For the aforementioned reasons, CBP is proposing to amend the
regulations to remove ``Chalk Seaplane Base'' from the lists of
designated international airports for immigration and customs purposes
in 8 CFR 100.4(b) and 19 CFR 122.13. Revocation of the international
airport designation would not result in any significant reduction in
CBP services in the area, as there are two suitable international
airports nearby, Miami International Airport and Fort Lauderdale-
Hollywood International Airport.
V. Congressional Notification
On November 25, 2025, the Secretary of DHS notified Congress of
DHS's intention to remove the designation of Chalk Seaplane Base,
fulfilling the congressional notification requirements of 19 U.S.C.
2075(g)(2) and section 417 of the Homeland Security Act (6 U.S.C. 217).
VI. Statutory and Regulatory Requirements
A. Executive Orders 12866, 13563, and 14192
Executive Orders 12866 (Regulatory Planning and Review) and
Executive Order 13563 (Improving Regulation and Regulatory Review)
direct agencies to assess the costs and benefits of available
regulatory alternatives and, if regulation is necessary, to select
regulatory approaches that maximize net benefits. Executive Order 13563
emphasizes the importance of quantifying costs and benefits, of
reducing costs, of harmonizing rules, and of promoting flexibility.
Executive Order 14192 (Unleashing Prosperity Through Deregulation)
directs agencies to significantly reduce the private expenditures
required to comply with Federal regulations and provides that ``any new
incremental costs associated with new regulations shall, to the extent
permitted by law, be offset by the elimination of existing costs
associated with at least 10 prior regulations.''
The Office of Management and Budget (OMB) has not designated this
rule a ``significant regulatory action'' under section 3(f) of
Executive Order 12866. Accordingly, OMB has not reviewed it.
This rule is an Executive Order 14192 deregulatory action because
this rule clarifies the regulations by removing a CBP port of entry
from the codified lists of designated airports that has not been in use
for CBP processing of international arrivals as of May 2021. Doing so
eliminates public confusion for those who consult the regulations for a
list of ports they may use. As this port has not been in use for
several years, CBP believes the savings from eliminating the rule to be
negligible and does not estimate any monetized savings associated with
this deregulatory action. See OMB Memorandum M-25-20, ``Guidance
Implementing Section 3 of Executive Order 14192, titled `Unleashing
Prosperity Through Deregulation' '' (Mar. 26, 2025).
As of May 2021, CBP has stopped the processing of arrivals at CSB
due to the noncompliant nature of the facility and insufficient
traveler volume. Instead, seaplanes now land at either Miami
International Airport or Fort Lauderdale-Hollywood International
Airport. Both Miami International and Fort Lauderdale-Hollywood
International airports have facilities that meet CBP safety and
inspection criteria. CBP is proposing to remove CSB from the lists of
international airports in 8 CFR 100.4(b) and 19 CFR 122.13 and continue
the processing of arrivals associated with Chalks Airline at the nearby
facilities. CBP will not process any future arrivals at CSB, even in
the absence of this rule, as the facility is not safe for CBP's
operations, and the seaplane base operator had more than five years to
correct the deficiencies and did not do so.
Since CSB does not meet safety and security requirements for safe
CBP operations, CBP will continue to process seaplane arrivals at
either Miami International Airport or Fort Lauderdale-Hollywood
International Airport. The effect of this proposed rule would be simply
to update the CFR to reflect the current list of international airports
in operation. CBP thus does not anticipate that this proposed rule
would have any costs. Passengers will continue to land and disembark at
either Miami International Airport or Fort Lauderdale-Hollywood
International Airport for processing and will be unaffected by this
rule. Since airplanes already land at Miami International Airport and
Fort Lauderdale-Hollywood International Airport, there is no change
from the baseline for these facilities either. Therefore, the economic
cost on all parties is expected to be zero.
This proposed rule would remove an airport not used for
international flights for several years from the lists of international
airports in the regulations. To the extent that this alleviates public
confusion, this proposed rule would have a minor transparency benefit.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as amended
by the Small Business Regulatory Enforcement Fairness Act of 1996,
requires agencies to assess the impact of regulations on small entities
when the agency is required to publish a general notice of proposed
rulemaking for a rule. A small entity may be a small business (defined
as any independently owned and operated business not dominant in its
field that qualifies as a small business
[[Page 54252]]
per the Small Business Act); a small not-for-profit organization; or a
small governmental jurisdiction (locality with fewer than 50,000
people). Because this proposed rule would merely remove an airport not
used for international flights for several years from the lists of
international airports, the proposed rule does not have a significant
economic impact. As the proposed rule would affect only one party, the
rule does not affect a substantial number of small entities.
Accordingly, CBP certifies that this proposed rule does not have a
significant economic impact on a substantial number of small entities.
C. Unfunded Mandates Reform Act
This proposed rule would not result in the expenditure by state,
local, and tribal governments, in the aggregate, or by the private
sector, of $100 million or more in any one year, and it would not
significantly or uniquely affect small governments. Therefore, no
actions are necessary under the provisions of the Unfunded Mandates
Reform Act of 1995 (2 U.S.C. 1501 et seq.).
D. Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that CBP consider the impact of paperwork and other information
collection burdens imposed on the public. There is no new collection of
information required in this document; therefore, the provisions of the
Paperwork Reduction Act are inapplicable.
VII. Authority
The amendment to part 100 of title 8 of the CFR is proposed under
the authority of 8 U.S.C. 1103, 8 U.S.C. 1185 note (section 7209 of
Pub. L. 108-458), and 8 CFR part 2.
The amendment to part 122 of title 19 of the CFR is proposed under
the authority of 5 U.S.C. 301; 19 U.S.C. 58b, 66, 1415, 1431, 1433,
1436, 1448, 1459, 1590, 1594, 1623, 1624, 1644, 1644a, and 2071 note.
VIII. Signing Authority
The signing authority for the proposed amendment to an immigration
port of entry under title 8 of the CFR is governed by Section 441 of
the Homeland Security Act of 2002, as amended (6 U.S.C. 251).
The signing authority for the proposed amendment to a customs port
of entry under title 19 of the CFR falls under 19 CFR 0.2(a).
Accordingly, this notice of proposed rulemaking is signed by the
Secretary of Homeland Security.
List of Subjects
8 CFR Part 100
Organization and functions (Government agencies).
19 CFR Part 122
Administrative practice and procedure, Air carriers, Aircraft,
Airports, Alcohol and alcoholic beverages, Cigars and cigarettes, Cuba,
Drug traffic control, Freight, Penalties, Reporting and recordkeeping
requirements, Security measures.
IX. Proposed Regulatory Amendments
For the reasons stated in the preamble, DHS proposes to amend 8 CFR
part 100 and 19 CFR part 122 as set forth below:
Title 8--Aliens and Nationality
PART 100--STATEMENT OF ORGANIZATION
SUBCHAPTER B--IMMIGRATION REGULATIONS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 8 U.S.C. 1103; 8 U.S.C. 1185 note (section 7209 of
Pub. L. 108-458); 8 CFR part 2.
0
2. Amend section 100.4 by removing the entry ``Miami, FL, Chalks Flying
Service Seaplane Base'' under District No. 6--Miami, Florida, in
paragraph (b).
Title 19--Customs Duties
PART 122--AIR COMMERCE REGULATIONS
Subpart B--Classes of Airports
0
1. The authority citation for part 122 continues to read as follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 58b, 66, 1415, 1431, 1433,
1436, 1448, 1459, 1590, 1594, 1623, 1624, 1644, 1644a, 2071 note.
Section 122.22 is also issued under 46 U.S.C. 60105.
Section 122.48b also issued under 49 U.S.C. 44901 note.
Section 122.49a also issued under 8 U.S.C. 1101, 1221, 19 U.S.C.
1431, 49 U.S.C. 44909.
Section 122.49b also issued under 8 U.S.C. 1221, 19 U.S.C. 1431,
49 U.S.C. 114, 44909.
Section 122.49c also issued under 8 U.S.C. 1221, 19 U.S.C. 1431,
49 U.S.C. 114, 44909.
Section 122.49d also issued under 49 U.S.C. 44909(c)(3).
Section 122.75a also issued under 8 U.S.C. 1221, 19 U.S.C. 1431.
Section 122.75b also issued under 8 U.S.C. 1221, 19 U.S.C. 1431,
49 U.S.C. 114.
0
2. Amend section 122.13 by removing the entry ``Miami, Fla.--Chalk
Seaplane Base'' from the list of international airports.
Markwayne Mullin,
Secretary, U.S. Department of Homeland Security.
[FR Doc. 2026-17108 Filed 8-20-26; 8:45 am]
BILLING CODE 9111-14-P
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</html>This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.