Interpretation ID: 1984-2.30

TYPE: INTERPRETATION-NHTSA

DATE: 07/19/84

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Forrest L. Bettis, Project Director, Traders International

TITLE: FMVSR INTERPRETATION

TEXT:

Subject: Approval for automotive Testing of Two Non-Conforming Vehicles

Reference: 22157-30.4.84

Dear Mr. Berndt:

We are an automotive marketing research firm located in the Los Angeles area. Recently, we were contracted by a Japanese auto manufacturer to test U.S. acceptance of their new car. The importation is for Daihatsu Motor Co., manufacturer not presently selling vehicles in the U.S.

We urgently need the approval of NHTSA to import these vehicles for testing. These vehicles are to be used for engineering evaluation, emissions testing and marketing evaluations. Following testing, they will be returned to Japan.

Enclosed is a letter from Daihatsu Motor Company requesting a waiver from the California Air Resources Board and listing specs of vehicles.

We are under severe time constraints. These cars are scheduled to arrive in San Pedro/Long Beach no later than July 25. If possible, your approval for importation and testing would be appreciated prior to July 2O, 1984.

If you need any additional information, call us collect (818)768-8573.

Sincerely,

Forrest L. Bettis Project Director

Mr. Forrest L. Bettis Project Director Traders International 10553 Alskog St.

Sun Valley, CA 91352

Dear Mr. Bettis:

This is in response to your letter of July 7, 1984, asking for the agency's "approval for importation and testing" of two small Japanese cars.

No "approval" is necessary for importation for the purposes you specify. Pursuant to Title 19 Code of Federal Regulations, Section 12.80(b)(1)(vii), a motor vehicle which does not comply with all applicable Federal motor vehicle safety standards may nonetheless be imported for purposes of test or experiment. If the vehicle is to be operated on the public roads, it may be so tested for a period of up to one year after importation, provided that a statement is attached to the entry form giving the purpose of the test or experiment, the estimated amount of time that the vehicle will spend on the public roads, and the disposition to be made of it at the end of the test period. The letter to the California Air Resources Board, which you attached, appears sufficient for this purpose.

The entry form I mentioned in the preceding paragraph is Form HS-7 which is required to be executed when the vehicles enter the country. The proper declaration to check for purposes of test and experiment is Box 7.

Should your client require more than one year's evaluation, you may ask the agency for an additional year, and later, a third year if required.

If you have any further questions we shall be happy to answer them.

Sincerely,

Frank Berndt Chief Counsel

Ref. No. 47041 Date July 4, 1984

Mr. K.D. Drachand, Chief Mobile Source Division California Air Resources Board 9528 Telstar Avenue El Monte, California 91731 U.S.A.

RE : Application for two experimental permits

We are a Japanese automobile manufacturing company currently investigating the introduction of a new car to the U.S. market. To test our product in the U.S., we must import two nonconforming vehicles. These are different from the vehicles which marketing department of our company applied on May 23. Now, we need the experimental permits to operate these vehicles on public roadways in California. Following testing, they will be returned to Japan. These vehicles are to be used for engineering evaluation and marketing evaluations.

Vehicle specs are as follows :

Manufacturer : Daihatsu Motor Company Ltd. Vehicle models : 1. Daihatsu Charade 2 door (G11 Micro-mini FF passenger car) 2. Daihatsu Rocky (F7OLV Wagon type 4x4) Length : 3,550 mm 3,715 mm Width : 1,550 mm 1,580 mm Height : 1,395 mm 1,840 mm Weight : 690 kg 1,365 kg Dates : July 24 - Oct. 24 VIN numbers : Charade 2 door JDA 000G1100737951 Rocky JDA 000F7000600408

These two cars will be shipped from Kobe. Japan to Los Angeles, California. In California, they will be evaluated and test driven by several people. After this test, they will undergo a series of additional tests. Within one year of importation, these vehicles will be returned to Japan.

Sincerely yours,

Tetsuo Iwakura; Project Manager Product Planning Dept. Daihatsu Motor Company Ltd.