George,
Part H? I am looking at the 2002 NEC. Was the layout of the code changed? The Part in the 2002 code Article 440 is--II. Disconnecting Means. (Sorry for my ignorance and lack of an '05 book handy.)
440.12(A)(2) refers back to specifically 430.109. 430.109 has only a few instances where you have to determine the HP rating of a disco such as 430.109(A)(1), or 430.109(C)(3). If 430.109 does not require the disco to be sized using an HP rating then only 440.12(A)(1) is applicable.
