(a)A remote pilot in command must use a small unmanned aircraft that—
(1)Is eligible for Category 2 operations pursuant to § 107.120(a);
(2)Is listed on an FAA-accepted declaration of compliance as eligible for Category 2 operations in accordance with § 107.160; and
(3)Is labeled as eligible to conduct Category 2 operations in accordance with § 107.120(b)(1).
(b)No remote pilot in command may operate a small unmanned aircraft in sustained flight over open-air assemblies of human beings unless the operation meets the requirements of either § 89.110 or § 89.115(a) of this chapter.