Put it in these terms:
CA knows about EAP
CA knows Tesla is not reporting disengaments from EAP
CA has not gone after Tesla for not reporting EAP disengagements
Therefore EAP is not required to be reported
FSD means no hands on wheel, EAP means hands on wheel or the car stops.
If EAP can do all skills FSD can, but still requires hands on wheel, it is still EAP, not FSD.
Is there anything that states that EAP must be limited in functionality? Is there any other driver's assist system that requires reporting?
Edit: to echo
@ReflexFunds
"An autonomous test vehicle
does not include vehicles equipped with one or more systems that provide driver assistance and/or enhance safety benefits
but are not capable of, singularly or in combination,
performing the dynamic driving task on a sustained basis without the constant control or active monitoring of a natural person."
Nags means you are not an autonomous test vehicle and are not required to report anything.