Sorry but common sense needs to be applied. Regulations set a minimum standard, while they almost always lead to a safe installation they are a MINIMUM and if common sense and the laws of physics say the installation can be better then use common sense.
If it is possible for 37 amps to flow under normal circumstances then that is the value that should be used.
If it is possible for 37 amps to flow under normal circumstances then that is the value that should be used.