For the purposes of the Department's implementation of chapter 6 of title 5, United States Code (Regulatory Flexibility Act), a direct air carrier or foreign air carrier is a small business if it provides air transportation only with small aircraft as defined in Sec. 298.3 of this chapter (up to 60 seats/18,000 pound payload capacity). [Doc. No. OST-96-1429, 61 FR 29019, June 7, 1996]