40 hours is a small price to pay for saving $600k, and technically the only way to get caught is if you actually land > 25 nm away and get ramp-checked. But it would be foolish to skirt the rules, especially with an expensive aircraft. The bigger deal is that phase 1 can't be flown over congested areas, which can severely limit the airports available to be based at and also severely limit where you can fly, for those of us who live in big cities. But still it's a small price to pay.