A remote pilot plans to operate an sUAS equipped with remote ID for which the manufacturer has issued declarations of compliance for both Category 2 and Category 3 operations under 14 CFR part 107. The flight will include sustained flight directly over unprotected persons but will not involve open-air assemblies. Under which category or categories may the remote pilot conduct this operation?

According to the following METAR, may a remote pilot in command (PIC) conduct operations over people using a multiple category small unmanned aircraft system (sUAS) approved for Category 1, Category 2, and Category 3? KPHX 142353Z AUTO 00000KT 1/8SM FG VV000 15/15 A3001 RMK AO2

A small unmanned aircraft (sUA) is affixed with markings qualifying it as both Category 2 and Category 3 under 14 CFR part 107. For an operation over people, which of the following is correct regarding category selection by the remote pilot in command?