To conduct Category 3 operations, a remote pilot in command—

1. (a) Must use a small unmanned aircraft that—

   1. (1) Is eligible for Category 3 operations pursuant to § 107.130(a);
   2. (2) Is listed on an FAA-accepted declaration of compliance as eligible for Category 3 operations in accordance with § 107.160; and
   3. (3) Is labeled as eligible for Category 3 operations in accordance with § 107.130(b)(1);
2. (b) Must not operate the small unmanned aircraft over open-air assemblies of human beings; and

3. (c) May only operate the small unmanned aircraft above any human being if operation meets one of the following conditions:

   1. (1) The operation is within or over a closed- or restricted-access site and all human beings located within the closed- or restricted-access site must be on notice that a small unmanned aircraft may fly over them; or

   2. (2) The small unmanned aircraft does not maintain sustained flight over any human being unless that human being is—

      1. (i) Directly participating in the operation of the small unmanned aircraft; or
      2. (ii) Located under a covered structure or inside a stationary vehicle that can provide reasonable protection from a falling small unmanned aircraft.

[Amdt. 107-8, 86 FR 4382, Jan. 15, 2021, as amended by 86 FR 62473, Nov. 10, 2021]