14 CFR § 399.73 - Definition of small business for Regulatory Flexibility Act.

---
identifier: "/us/cfr/t14/s399.73"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "14 CFR § 399.73 - Definition of small business for Regulatory Flexibility Act."
title_number: 14
title_name: "Aeronautics and Space"
section_number: "399.73"
section_name: "Definition of small business for Regulatory Flexibility Act."
chapter_name: "OFFICE OF THE SECRETARY, DEPARTMENT OF TRANSPORTATION (AVIATION PROCEEDINGS)"
subchapter_number: "F"
subchapter_name: "POLICY STATEMENTS"
part_number: "399"
part_name: "STATEMENTS OF GENERAL POLICY"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "49 U.S.C. 40113(a), 41712, 46106, 46107, and 42305."
regulatory_source: "PS-21, 29 FR 1446, Jan. 29, 1964, unless otherwise noted."
cfr_part: "399"
---


# 399.73 Definition of small business for Regulatory Flexibility Act.

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 § 298.2 of this chapter (up to 60 seats/18,000 pound payload capacity).

[Doc. No. OST-96-1429, 61 FR 29019, June 7, 1996, as amended by Doc. No. DOT-OST-2014-0140, 84 FR 15947, Apr. 16, 2019]