That would seem to make non-FAR certified military aircraft technically as restricted category prohibiting them from flying over congested areas. However, I suspect as long as the military is using them they can fly over congested areas. Which then of course raises the logic question; if the military can fly a restricted category aircraft over congested areas why can't any one else?
Or another one, can a manufacturer fly a restricted category aircraft over a congested area like the military or can only the military fly a restricted category aircraft over a congested area?
Which raises the obvious answer which is if the military is flying it, it is not restricted category but if a civilian or manufaturer is flying it, it is a restricted category aircraft which of course would make not one iota of common sense....
