I've investigated this with many different types of code snippets that can be inserted where your comment is and the only type of code that will not cause an OutOfMemoryError is code that assigns some value to a local variable.
This is the explanation that makes the most sense to me:
When you have 
byte[] data = new byte[dataSize];
The bytecode instructions are
    12: newarray       byte
    14: astore_1 
Where newarray creates a new array and astore_1 stores a reference to it in a local variable 1.
After this, the scope of that variable is lost, but the bytecode doesn't say anything about its value being cleared, so there's a reference to that object remaining in the stack frame. This specific garbage collector deems it reachable even if the code itself cannot reach it.
If instead you try to assign another local variable, like
byte i = 1;
then the corresponding byte code instructions are something like
    15: iconst_1      
    16: istore_1   
where iconst_1 stores the value 1 on the stack and istore_1 stores that value in the  variable 1, which seems to be the same variable as before. If it is, then you are overwriting its value, the reference to the byte[] object is lost, and the object then "becomes" eligible for garbage collection.
The final proof
Compile this code with the -g option 
public class Driver {
    private static final int dataSize = (int) (Runtime.getRuntime().maxMemory() * 0.6);
    public static void main(String[] args) throws InterruptedException {
        {
            System.out.println(dataSize);
            byte[] data = new byte[dataSize];
        }
        byte i = 1;
        System.out.println(dataSize);
        byte[] data2 = new byte[dataSize];
    }
}
and then run javap -c -l Driver. You will see a LocalVariableTable like so
LocalVariableTable:
  Start  Length  Slot  Name   Signature
   15       0     1    data   [B
    0      33     0    args   [Ljava/lang/String;
   17      16     1     i     B
   32       1     2    data2  [B
where slot is the index in astore_1 and istore_1. So you see, the reference to the byte[] is cleared when you assign a new value to the local variable. Even if the variables have different types/names, in bytecode, they are stored in the same place.