The other posters were mistaken. 800.110(B) says it all. The NEC doesn't care about LV cable fill. Neither is it ever subject to inspection.
What should you do? You look to the cable manufacturers recommendations for the particular cable you will be using. All reputable cable manufactures will have fill tables that are based on a maximum allowable pulling tension so as not to damage the cable. This is completely different than the NEC which bases maximum fill on the dimension of the conductor(s).
It's quite possible that if you used a 40% fill based on the diameter of the cables you would have to apply too high of a pulling tension causing the cables to stretch. Of course other factors need to be considered also, like length of run, number of bends and what cable lube you use.
-Hal