Sure you can choose to find something in 240.4(E) or (G) to get out of (D) - but what in those codes listed in each (E) or (G) "Specifically Permits" the contradiction of allowing higher amperages on smaller conductors that would otherwise be limited. Without a "specific" perimission IMO you are stuck with 240.4(D) on small conductors #10 or smaller.
Can anyone point to any language in any of the codes listed in (E) or (G) that says '240.4(D) shall not apply'? That would be "specific"...
OK, let's print it out:
(D) Small Conductors. Unless specifically permitted in 240.4(E) or (G), the overcurrent protection shall not exceed that required by (D)(1) through (D)(7) after any correction factors for ambient temperature and number of conductors have been applied.
Hightlighted in blue: If my installation falls under (E), (F), or (G), then I use the appropriate section that applies. Otherwise, I'm stuck with the small conductor rule of (D)(1)-(7).
240.4(D) starts out with references to (E), (F) & (G). It says that if your installation is a tap, a transformer secondary, or anything specifically listed in (G), YOU USE THAT SECTION. If your installation DOES NOT fall under (E), (F) or (G), then it says to use (D)(1) through (7).