Case-by-Case Determination of Open-Air Assemblies

In plain language

When operating over people, you must assess whether the gathering constitutes an 'open-air assembly'. The FAA decides this case-by-case. Examples of assemblies include concerts, sporting events, parades, protests, political rallies, and community festivals. Examples that are generally not considered assemblies include scattered individuals in a park, people walking or biking on a path, or families exiting a shopping center.

Requirement as structured

The FAA determines whether a gathering constitutes an 'open-air assembly' on a case-by-case basis depending on the specific facts and circumstances.

Original regulatory text

The FAA employs a case-by-case approach in determining how to apply the term “open-air assembly.” Potential examples of open-air assemblies may include sporting events, concerts, parades, protests, political rallies, community festivals, or parks and beaches during certain events. Some potential examples that might not be considered open-air assemblies include individual persons or families exiting a shopping center... Whether an open-air assembly exists depends on a case-by-case determination based on the facts and circumstances of each case.

Applies when

country

United States

operation

operations-over-people

operation regime

part_107

aircraft category

small unmanned aircraft (under 55 lb)

regulatory category

General