Maybe 3♣-4♠, 3♦-4♥ as splinters, too? [sarcasm emoticon]
These splinters strike me as a "notes" agreement, strictly theoretical, something that has never come up, an example of which has never been proposed.
Are you suggesting something nefarious? The appeals committee (en masse) surely thought they got it right, that a carefully considered ruling was made. I would think they were in a better position to rule than you or I.
Made me think of a ruling in a Nationals KO many years ago based on a failure to alert a stayman sequence that didn't promise a 4-card major. Maybe we can go back and look at that one while we're at it?