Exact wording: Sections may contain headings of any rank, but authors are strongly encouraged to use headings of the appropriate rank for the section's nesting level.
http://www.w3.org/html/wg/drafts/html/master/sections.html#h...
I will keep an eye on this. Thanks for the pointer.
The final editor's response explains the reasoning: "Change removed advice recommending use of h1 elements as the utline algorithm has virtually no implementations and as a result use of h1 elements flattens document outlines for users who actually consume the heading semantics. While use of elements of the appropriate rank for the section's nesting level is backwards compatible"
But to keep this on topic: my point is: a lot of time you can reduce your DOM.
Matt Cutts talking about this: http://www.youtube.com/watch?feature=player_embedded&v=G...!