Interpretation ID: nht75-5.49

DATE: 11/19/75

FROM: AUTHOR UNAVAILABLE; Frank A. Berndt; NHTSA

TO: Jet Industries Ltd.

TITLE: FMVSR INTERPRETATION

TEXT: This will acknowledge receipt of the petition by Jet Industries for temporary exemption from several Federal motor vehicle safety standards, for the Subaru 360 van converted to electric power. The notice meets our procedural requirements, and a notice regarding public comment will appear in the Federal Register shortly.

I am also replying to your letter of October 10, 1975, to Mr. Vinson, our Senior Staff Attorney, renewing your request to import 200 Subaru 360 vans, pursuant to 19 CFR 12.80(b)(2) (vii) for test purposes and for licensing on the public roads. You intend to convert these vehicles to electric power. You have stated that the vehicles will be leased rather than sold and at the end of one year they will be exported to Canada. You have also provided a feasibility plan for testing the utility of these vehicles, as converted to electric power, under the varied conditions of terrain and climate that exist in the 50 United States and Puerto Rico. Therefore you have met the legal conditions of 19 CFR 12.80(b)(2)(vii) required of an importer who imports vehicles for purposes of test or experiment.

We have no objection to your importing up to 200 Subaru vans for the purposes outlined in your letter. However, because of the large number of vehicles involved, we deem it important for enforcement purposes to insure that the vehicles are used for the purposes indicated and will be disposed of according to your present plan. Therefore, pursuant to Section 112 of the National Traffic and Motor Vehicle Safety Act of 1966, you are required to furnish the following information at the times requested, to the Director, Office of Standards Enforcement, NHTSA;

(1) The expected arrival date and port of entry of any vehicle to be imported pursuant to 19 CFR 12.80 (b)(2)(vii), in advance of the arrival of such vehicle;

(2) The name and address of the lessee of each vehicle imported pursuant to 19 CFR 12.80 (b)(2)(vii), within two weeks of delivery of such vehicle to such lessee; and

(3) Satisfactory proof of export of each vehicle imported pursuant to 19 CFR 12.80 (b)(2)(vii), within two weeks of the expiration of the period allowed by 12.80 (b)(2)(vii).

Failure to provide this information may constitute violations of Section 108 (a)(1)(B) of the Act for which civil penalties may be imposed.

YOURS TRULY,

JET INDUSTRIES LTD.

October 10, 1975

Taylor Vincent National Highway Transport Safety Administration

We hereby wish to renew our request to import 200 Subaru 360 Vans for conversion to Electric Battery Power and license them for use on Public Highways.

The reason for this request is to provide for extensive territorial tests in the U.S., including Alaska, Hawaii and Puerto Rico. The tests hope to determine a broad spectrum of feasibility in the following areas:

1. CLIMATES

A. Cold moist climates where snow becomes alternately icy and slushy.

1. Handling characteristics will vary significantly.

2. Performance will be affected by cold, drag (in slushy conditions).

3. Moisture can have deteriorating effects on wiring, motors and controls if not properly protected.

B. Cold dry climates where salt is used on highways. Presenting problems as under no. 1.

C. Hot dry conditions.

D. Hot humid areas, which exist in cities near salt water -- where moisture laden air has deteriorating effect.

2. TERRAIN

A. Flat country with paved roads.

B. Cities with moderate grades.

C. Steep grades.

3. TRAFFIC

A. Dense fast moving traffic. In some cities, traffic lights are regulated to keep flow moving at 30-40 miles per hour.

B. Dense slow moving traffic, such as cross town in Mid-Manhattan -- with lots of stops and starts, moving a few car lengths at a time.

4. PARKING

A. Large cities have very few locations where daytime inner city charging outlets will be available in parking lots or garages. This is because of constant in and out use of parking spaces -- seldom assigned to individual customers.

B. Suburban communities where service stations and shopping center parking lots may install charging meters.

5. OPERATING COSTS

A. Utility rates vary so much in different sections of the U.S. that the combination of terrain, climate and rates will indicate a variety of costs will surface. This could result in Electric Vehicles being uneconomical in some areas.

6. CHARGING FACILITIES

A. Will always be provided by Fleet Users on own premises.

B. Apartment dwellers will have real problems in large cities where "garages are contracted out to parking companies whose operations are indifferent to tenants' special requests for individual stalls and installation of electrical outlets for charging.

C. Smaller community Apartments with individual stalls may have electric outlets installed by management.

D. Individual houses with parking garages or car ports can usually have convenient electrical outlets installed.

E. Street parking charging meters would certainly be problematical in large inner cities.

1. Vandalism and theft of extension cords.

2. I/C vehicles "grabbing" meter spaces and paying "toll" regardless of need for charging.

3. Alternate side of the street "Musical Chair Parking" at times designated.

4. Possibility of electrocution from "Vandalized" extension cords -- youngsters touching cut ends while standing on wet street. (Or owners as a matter of fact.)

In some states there may be as many as 10 to 20 vehicles being tested, while in others as few as one or two. Determination will be made in accordance with the population density and probable need for anti-pollution vehicles.

It is our understanding that such permission from you designates that the vehicles must be exported within one year. We are in a position to export these to Canada at any time. Leases will be made with fleet users for twelve month periods with this in mind.

Thanking you for your early attention to this matter, we are

A. Forbes Crawford

President