Section 336 is clearly stating that anyone flying under hobby use of UAS within 5 miles of an airport, must notify ATC or get a permanent agreement with them. The Phantom is flight restricted (and users are admonished not to operate unless) within the 5 mile radius, according to a linearly increasing allowable flight (altitude) from within 1.5 mile radius (35 feet) to the 5 mile radius (400 feet).
In particular, I live near an airport with a calculated allowable altitude limit of 250 feet, based on DJI's flight restriction chart:
http://www.dji.com/fly-safe/category-mc
The FAA, being the authority having jurisdiction, would seem to disallow ANY flight within the 5 mile radius unless an agreement or clearance from the ATC is in hand. It would seem that DJI would be liable for unintended consequences, since they have taken steps to impose restrictions, and have made written statements informing customers of their incorrect permissible (restricted) operating area.
The Academy of Model Aeronautics (AMA), having some standing with the FAA, goes on to say that flight of UAS is acceptable under 400 feet altitude when within 3 miles of an airport (Doc #550, section 4b). The AMA provided insurance, (and AMA standing with the FAA) would also seem to be at risk, with their policy guidance.
Knowing these things, I don't plan to fly at home anymore. However, to otherwise uninformed users, the FAA policy and enforcement authority should distribute the liability burden on DJI, AMA, and then the user, if the user has done nothing more than fly according to DJI and AMA guidance.
At a minimum, DJI should include the FAA Modernization and Reform Act of 2012 rules in their distribution package of materials, as well as change their documentation, accordingly. The AMA should amend their report #101 to be consistent with this act, as well, because their directions are causing users to be (unknowingly) in violation of the rules.
-Dale-