How to pass VRC.PC.Performance.3 (maintain 90fps) for loading

I just read https://developer.oculus.com/distribute/latest/concepts/vrc-pc-performance-3/, it says that it's acceptable if I have a loading screen. 
Now I use OVROverlay to make loading screen, but will the VRC validator know that there is an overlay when it's loading? 
The VRC validator still reports the fps test failed even I use the overlay, so I wonder who can decide if the loading overlay is acceptable when the fps is low?

Thanks