Ah yeah I think you're right. I found this diagram showing some limited ODD for Level 1 through 4. I guess NTSB wants Tesla to explicitly say currently released Autopilot's ODD is say limited access highway, and if Tesla continues to allow turning on the feature on city streets, NHTSA should force Tesla to disable it?
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I suppose Tesla could then say the ODD is "any roads" then NTSB would want NHTSA to force Tesla to disable the feature as it's not actually safe for "any roads?"