(a) To be eligible for use in Category 3 operations, the small unmanned aircraft must be designed, produced, or modified such that it -
(1) Will not cause injury to a human being that is equivalent to or greater than the severity of the injury caused by a transfer of 25 foot-pounds of kinetic energy upon impact from a rigid object;
(2) Does not contain any exposed rotating parts that would lacerate human skin upon impact with a human being; and
(3) Does not contain any safety defects.
(b) The applicant for a declaration of compliance for a small unmanned aircraft that is eligible for use in Category 3 operations in accordance with paragraph (a) of this section, must meet all of the following requirements for the applicant's small unmanned aircraft to be used in Category 3 operations:
(1) Display a label on the small unmanned aircraft indicating eligibility to conduct Category 3 operations. The label must be in English and be legible, prominent, and permanently affixed to the small unmanned aircraft.
(2) Have remote pilot operating instructions that apply to the operation of the small unmanned aircraft system. The applicant for a declaration of compliance must make available these instructions upon sale or transfer of the aircraft or use of the aircraft by someone other than the applicant who submitted a declaration of compliance pursuant to § 107.160. Such instructions must address, at a minimum -
(i) A system description that includes the required small unmanned aircraft system components, any system limitations, and the declared category or categories of operation;
(ii) Modifications that will not change the ability of the small unmanned aircraft system to meet the requirements for the category or categories of operation the small unmanned aircraft system is eligible to conduct; and
(iii) Instructions for how to verify and change the mode or configuration of the small unmanned aircraft system, if they are variable.
(3) Maintain a product support and notification process. The applicant for a declaration of compliance must maintain product support and notification procedures to notify the public and the FAA of -
(i) Any defect or condition that causes the small unmanned aircraft to no longer meet the requirements of this subpart; and
(ii) Any identified safety defect that causes the small unmanned aircraft to exceed a low probability of fatality.