Harold: Yes, in theory the 'tap' is unprotected from the tap to the 400 amp CB. This is an issue with 'line tap' solar grid ties, Is it compliant? By the tap rules, it is. I can't come up with an article off the cuff to cite (unprotected) and protected within a raceway, but I will look into it as soon as I have some time.
I have to agree with Teslas theory above regarding the buss, but we have the 'book' to conform to.