It's a very different thing. The first is an accident. The next is an unforecast weather phenomena and thats another discussion entirely as well.
The question Lookleft asks is should he load 41 minutes and then declare a min fuel emergency when he reaches that point or should he load it up to MLW and arrive with 4 hours which is also 'in excess of 40 minutes'.
Rather than defend it, just admit that its a really ordinary outcome that tells pilots little of use. It also appears to be not in accordance with the AIP SUP
ATC will advise the holding time by NOTAM.
If you think it's going to be up to an hour, then tell us 60 minutes. If you think it's going to exceed that, tell us 75 minutes.