Michael Phelps should have been disqualified in the 200 meter free?

UPDATE: After reading the rules it appears the black markers are most likely placed at the 13 meter mark.

RULE: "... The color of the floats extending from the walls the distance of 5 meters for long course and 15 feet for short course shall be distinct from the rest of the floats. Distinctive colored floats, or markers extending around the full circumference of the floats, shall be placed at 15-meters (49' 21/2") from each end wall in both short course and long course pools. Additionally, in long course pools, a distinctive warning line or lane markers may be placed at a distance of 13 meters from each end wall.

It appears that on the third turn of the 200 free, Michael Phelps', head inadvertently emerges well past the 15 meter marker. A swimmer is not allowed to swim underwater on a turn for more than 15 meters or 16.4 yards. In the photo above Phelps' head and arms are well past the 15 meter mark and he hasn't even emerged.

I want to stress that this is seemingly inadvertent and not intentional. Nonetheless, he should have been DQed and the gold given to Pieter Van Den Hoogenband.

You Tube Video of the 200 meter free: [Link]

USMS Rules with FINA reference: [Link]
USA Swimming - Officiating Championship Swimming PDF: [Link]