Drone Operations Over People in NYC: Part 107 Subpart D Categories (2026)
Quick Answer: Operations over people are governed by 14 CFR Part 107 Subpart D, which defines four categories based on weight and injury risk. Category 1–4 operations may be permitted without a waiver if their conditions are met; otherwise a §107.200 waiver is required. In NYC, the dense population makes this especially restrictive, and an NYPD permit plus airspace authorization always apply.
Few rules matter more in a city as dense as New York than those governing flight over people. Under 14 CFR Part 107 Subpart D, the FAA established a framework of four operational categories that determine when a small drone may operate over human beings. Understanding which category applies — and whether a waiver is still needed — is essential for any operation near crowds, sidewalks, or events.
The Four Subpart D Categories
| Category | Basis |
|---|---|
| Category 1 | Aircraft weighing 0.55 lb (250 g) or less with no exposed rotating parts that could lacerate skin; operations over people permitted under the rule’s conditions. |
| Category 2 | Aircraft that will not cause injury above a defined severity threshold on impact, with no exposed rotating parts that could lacerate; eligibility shown through means of compliance and labeling. |
| Category 3 | Aircraft meeting a higher injury threshold; operations over people are restricted (for example, not over open-air assemblies, and limited to closed or restricted access sites). |
| Category 4 | Aircraft with an airworthiness certificate operated per its approved flight manual and additional conditions. |
Each category carries its own conditions, eligibility evidence, and labeling expectations. Operations over moving vehicles are addressed within Subpart D as well, with category-specific limits.
When a Waiver Is Still Required
If an intended operation over people does not fit within an available Subpart D category — or needs relief from another rule — the operator must apply for a waiver under § 107.200 through FAA DroneZone, presenting a safety case. Waiver review can take 90 days or longer, and approval is not assured. The FAA does not endorse specific aircraft; eligibility depends on the manufacturer’s declared means of compliance and the operator meeting all conditions.
Two Layers of Authorization Always Apply in NYC
No federal waiver or Remote ID step replaces the local requirement. Flying a drone in New York City is legal but requires authorization on two separate levels. First, the federal layer: the FAA governs the airspace through 14 CFR Part 107, Remote Identification under 14 CFR Part 89, and airspace authorization (LAANC or FAA DroneZone) for the Class B airspace that blankets the city. Second, the city layer: under NYC Administrative Code § 10-126(b) and (c), causing an unmanned aircraft to take off or land in the five boroughs without an NYPD permit is unlawful, with narrow exemptions for the five designated model aircraft fields and certain government operations. A federal waiver or Remote ID compliance satisfies the first layer only; you must still hold the applicable NYPD permit.
Why This Is Especially Restrictive in NYC
- New York City’s population density means people are present almost everywhere, so the Subpart D conditions are difficult to satisfy in many locations.
- Open-air assemblies of people carry the tightest restrictions across categories — relevant given the frequency of events and crowds in the city.
- A favorable Subpart D category addresses the federal layer only; the NYPD permit under § 10-126 and FAA airspace authorization still apply.
- Most of Manhattan has a 0 ft AGL LAANC ceiling, so manual FAA DroneZone authorization is required there in addition to any over-people analysis.
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