I'm delving deep here, but it seems that section primarily states what the FAA will not regulate or "not promulgate any rule or regulation regarding". To my reading, it does not state that operation outside those guidelines necessarily does put a craft under the FAA jurisdiction. I admit I could be reading it completely wrong.
But then if you look at this page[1] on the FAAs web site, it says only that operators are "strongly encouraged" to follow certain restrictions like line-of-sight operation. It doesn't say they have to.
Mind you, I follow all those rules myself when flying rc planes, and prefer that other in the hobby also do. I think they're good rules. I'm just playing with interpretation.
The section 336 says that the FAA will not "not promulgate any rule or regulation regarding" if certain criteria are matched. For example that the aicraft is a model aircraft. and c) (2) says that a model aicraft is "flown within visual line of sight of the person operating the aircraft".
So if you exceed visual line of sight it becomes a normal aircraft, just like every other plane. And they all have to be registered.
That would hold if we assume all things which fly (aside from animals, obviously) are under the jurisdiction of the FAA by default. And then then only certain itemized exceptions (like model aircraft as they define them) are not.
But then if you look at this page[1] on the FAAs web site, it says only that operators are "strongly encouraged" to follow certain restrictions like line-of-sight operation. It doesn't say they have to.
Mind you, I follow all those rules myself when flying rc planes, and prefer that other in the hobby also do. I think they're good rules. I'm just playing with interpretation.
[1] https://www.faa.gov/uas/model_aircraft/