Is that the latest version? The most recent I can find is different, and 44809 appears to be the knowledge test.
Text - S.1405 - 115th Congress (2017-2018): Federal Aviation Administration Reauthorization Act of 2017
SEC. 2128. SPECIAL RULES FOR MODEL AIRCRAFT.
(a) In General.--Chapter 448, as amended by section 2127 of this
Act, is further amended by inserting after section 44807 the following:
``Sec. 44808. Special rules for model aircraft
``(a) In General.--Except as provided in subsection (d), and
notwithstanding any other provision of law relating to the
incorporation of unmanned aircraft systems into Federal Aviation
Administration plans and policies, including this chapter, the
Administrator of the Federal Aviation Administration may not promulgate
any new rule or regulation regarding an unmanned aircraft operating as
a model aircraft or an unmanned aircraft being developed as a model
aircraft if--
``(1) the aircraft is flown strictly for hobby or
recreational use;
``(2) the aircraft is operated in accordance with a
community-based set of safety guidelines and within the
programming of a nationwide community-based organization;
``(3) not flown beyond the visual line of sight of persons
co-located with the operator or in direct communication with
the operator;
``(4) the aircraft is operated in a manner that does not
interfere with and gives way to any manned aircraft;
``(5) when flown within 5 miles of an airport, the operator
of the aircraft provides the airport operator, where
applicable, and the airport air traffic control tower (when an
air traffic facility is located at the airport) with prior
notice of the operation (model aircraft operators flying from a
permanent location within 5 miles of an airport should
establish a mutually agreed upon operating procedure with the
airport operator and the airport air traffic control tower
(when an air traffic facility is located at the airport)),
unless the Administrator determines approval should be
required;
``(6) the aircraft is flown from the surface to not more
than 400 feet in altitude, except under special conditions and
programs established by a community-based organization; and
``(7) the operator has passed an aeronautical knowledge and
safety test administered by the Federal Aviation Administration
online for the operation of unmanned aircraft systems subject
to the requirements of section 44809 or developed and
administered by the community-based organization and maintains
proof of test passage to be made available to the Administrator
or law enforcement upon request.
``(b) Updates.--
``(1) In general.--The Administrator, in collaboration with
government and industry stakeholders, including nationwide
community-based organizations, shall initiate a process to
update the operational parameters under subsection (a), as
appropriate.
``(2) Considerations.--In updating an operational parameter
under paragraph (1), the Administrator shall consider--
``(A) appropriate operational limitations to
mitigate aviation safety risk and risk to the
uninvolved public;
``(B) operations outside the membership,
guidelines, and programming of a nationwide community-
based organization;
``(C) physical characteristics, technical
standards, and classes of aircraft operating under this
section;
``(D) trends in use, enforcement, or incidents
involving unmanned aircraft systems; and
``(E) ensuring, to the greatest extent practicable,
that updates to the operational parameters correspond
to, and leverage, advances in technology.
``(3) Savings clause.--Nothing in this subsection shall be
construed as expanding the authority of the Administrator to
require operators of model aircraft under the exemption of this
subsection to be required to seek permissive authority of the
Administrator prior to operation in the national airspace
system.
``(c) Statutory Construction.--Nothing in this section shall be
construed to limit the authority of the Administrator to pursue
enforcement action against persons operating model aircraft.
``(d) Exceptions.--The Administrator may promulgate rules relating
to the registration and marking of model aircraft.
``(e) Model Aircraft Defined.--In this section, the term `model
aircraft' means an unmanned aircraft that--
``(1) is capable of sustained flight in the atmosphere; and
``(2) is limited to weighing less than 55 pounds, including
the weight of anything attached to or carried by the aircraft,
unless otherwise approved through a design, construction,
inspection, flight test, and operational safety program
administered by a community-based organization.''.
(b) Technical and Conforming Amendments.--
(1) Table of contents.--The table of contents for chapter
448, as amended by section 2127 of this Act, is further amended
by inserting after the item relating to section 44807 the
following:
``44808. Special rules for model aircraft.''.
(2) Special rule for model aircraft.--Section 336 of the
FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note)
and the item relating to that section in the table of contents
under section 1(b) of that Act (126 Stat. 13) are repealed.