The definition of "open-air assembly" doesn't exist, but the FAA gives examples and clarification in the OOP final registry preamble.
"Whether an operational area is an open-air assembly is evaluated by considering the density of people who are not directly participating in the operation of the small unmanned aircraft and the size of the operational area. Such assemblies are usually associated with public spaces. The FAA considers some 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 are less likely to be considered open-air assemblies include individual persons or families exiting a shopping center, athletes participating in friendly sports in an open area without spectators, individuals or small groups taking leisure in a park or on a beach, or individuals walking or riding a bike along a bike path, but whether an openair assembly exists depends on a case by-case determination based on the facts and circumstances of each case. The remote pilot must assess whether the operational area would be considered an open-air assembly prior to conducting flight operations. Legal interpretations and opinions regarding open-air assemblies may be found on the FAA website."
Even though it says "may" be found, it's not there yet. It's open to interpretation by the RPIC (remember, this is only for 107 Pilots), but do consider the statement above.
Full OOP Final Rule and preamble here: https://www.govinfo.gov/content/pkg/FR-2021-01-15/pdf/2020-28947.pdf
"Whether an operational area is an open-air assembly is evaluated by considering the density of people who are not directly participating in the operation of the small unmanned aircraft and the size of the operational area. Such assemblies are usually associated with public spaces. The FAA considers some 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 are less likely to be considered open-air assemblies include individual persons or families exiting a shopping center, athletes participating in friendly sports in an open area without spectators, individuals or small groups taking leisure in a park or on a beach, or individuals walking or riding a bike along a bike path, but whether an openair assembly exists depends on a case by-case determination based on the facts and circumstances of each case. The remote pilot must assess whether the operational area would be considered an open-air assembly prior to conducting flight operations. Legal interpretations and opinions regarding open-air assemblies may be found on the FAA website."
Even though it says "may" be found, it's not there yet. It's open to interpretation by the RPIC (remember, this is only for 107 Pilots), but do consider the statement above.
Full OOP Final Rule and preamble here: https://www.govinfo.gov/content/pkg/FR-2021-01-15/pdf/2020-28947.pdf
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