Thanks for that lanky, I did a bit more checking myself and found it doesnt matter whether its PAL, NTSC or Pulldown NTSC, the *.mpv file as encoded by CCE all report 9800 as the Nominal Bitrate in Bitrate Viewer. Even some VOB files off original DVD's report 9800 while the average bitrate is more like 6000.
All the encoded files I have ever made have authored without error in the 2 leading professional progs DVD Maestro & Scenarist and others such as SpruceUP, DVDLab, Movie Factory2, RealDVD and even IFOEdit and all without error. Its only TMPGEnc DVD Author that bucks. I have seen a very odd eror comming up in Maestro saying the combined bitrate had momenterily exceeded the DVD max std bitrate of 9800 ( I tend to set max to 9300, not 9000 as the odd audio track is at 448 so would not exceed 9800 total) so I know its checking for compliance.
Checking the same files with DVD Patcher also reports a Max Bitrate of 9800, the same as Bitrate Viewer reports.
I have not used TMPGenc DVD Author for a while now (tend to use Maestro) but I just loaded a mpv file into TMPGEnc DVD Author ver 22.214.171.124 and I get no error even though it reports in the files properties that its bitrate is 9800. Loaded AC3 audio in at a bitrate of 224, again no error. Authored it and again, no errors. So all I can conclude is these was a problem with earlier versions of TDA thats not present in the latest. I have never ever seen the error myself.