I'm with you Don. The reason I mentioned it, is because a friend of mine ran into this problem. He had some AHJ hammer him for it. The AHJ's was trying to prevent additional disconnects from being added in the future. My response was....How does he know that you won't add 2 pole breakers for other equipment, and therefore need a 12 space panel? (it was a single phase application) My buddy replied, "Who know's?"
So, let me retract my earlier statement, and say, "Based on some prior experience that a friend of mine had, be prepared, gserve, for the possibility that an AHJ, may walk onto your project, and want assurance that you, or someone in the future will not add breakers in that MLO panel, which would be a violation." So, gserve, it might be a good idea to give them a call, and see what kind of response you get from them.
Trying to be helpful,
The Watt Doctor