CM/LB
I get that MLW was not a matter of concern to the NTSB. On that we agree. I understand that you were mentioning in in response to the OP query about overweight landing.
My point is that it was a redundant example to use as landing (or ditching) at that weight is permitted under the AFM anyway, so that part would not be in contravention of our 91.095 (if it was to happen here of course, not in FAA land).