The HIGs are saying you're ok, as long as that action doesn't risk appropriating a normally assigned function.
Docs say this about pencil taps:
In your implementation of this method, decide whether to perform the action selected by the user in the Settings app, or perform an alternative behavior that’s suitable for your app. When possible, perform the user’s preferred action.
Taking this step allows you to provide a consistent user experience across apps that support Pencil interactions.
-=-
Point is...do your best to maintain UI consistency from the user's POV.
Was you app approved at the end? If so, which one is it?