Without a waiver, what must a Category 1, 2 or 4 drone meet for sustained flight over an open-air assembly?

The Remote ID rules (standard Remote ID or a broadcast module).

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  1. A night waiver
  2. A visual observer at all times
  3. Remote ID requirements ✔

Why: Category 1, 2 and 4 drones may sustain flight over open-air assemblies only if they meet Remote ID rules. A brief transit is not sustained flight when it is incidental to an unrelated point-to-point operation.

Huh, didn't know that: The FAA gives concerts, parades, sporting events and festivals as examples of possible open-air assemblies.

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Why did the drone wave at the parade? It wanted to be identified remotely.
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References

Answer: Remote ID requirements. Category 1, 2 and 4 drones may sustain flight over open-air assemblies only if they meet Remote ID rules. A brief transit is not sustained flight when it is incidental to an unrelated point-to-point operation.

  1. 14 CFR 107.110, current through October 7, 2026 www.ecfr.gov/api/versioner/v1/full/2026-10-07/title-14.xml?part=107&section=107.110
    sustained flight over open-air assemblies of human beings unless the operation meets the requirements of either § 89.110 or § 89.115(a)
    Checked 2026-10-09.
  2. FAA AC 107-2A, section 8.3.2.1 www.faa.gov/documentLibrary/media/Advisory_Circular/AC_107-2A.pdf
    a brief, one-time transiting over a portion of the assembled gathering where the transit is merely incidental to a point-to-point operation unrelated to the assembly.
    Checked 2026-10-09.
  3. FAA AC 107-2A, section 8.3.6.4 www.faa.gov/documentLibrary/media/Advisory_Circular/AC_107-2A.pdf
    some potential examples of open-air assemblies may include sporting events, concerts, parades
    Checked 2026-10-09.

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