Is the new Hoka Mach X2 legal for racing?

Running
1

Supposedly a 44mm heel, 39mm forefoot stack for men but 38/33 for women. Reviews I’ve read said they are still race legal but it seems it goes against the World Athletics’ Technical Requirements for Athletic Shoes (Regulation 10 and Appendix 3). The 40mm rule.

https://worldathletics.org/download/download?filename=b723c6b6-7d1f-40ad-8b27-1d3f956c6c99.pdf&urlslug=C2.1A%20–%20Athletic%20Shoe%20Regulations%20(effective%20from%2001%20January%202022)

Reviews of shoes such as the Skyward X clearly state they can’t be worn in races. Wouldn’t the Mach X2 be illegal for the same reason? Or is it because the women’s version is under 40mm or that not the entire men’s version is over 40mm as the forefoot is under 40mm? I’m confused.

2

It does not currently appear on the World Athletics list of approved shoes
https://certcheck.worldathletics.org/FullList

3

In fairness, that list hasn’t been updated in a while.

4

I know several people that have used it in local run races without any repercussions. YMMV