Who cares if you're voiding a warranty on an imported product? If my N3DS breaks I could just restore it to factory settings before sending it off.. Hell I probably would try to repair it myself since I don't see how sending a 3DS to Japan to fix and getting it imported back would even begin to work. Costly? $50 isn't too bad at all for what Gateway is capable of. It even comes with a DS-mode card as well.
If NCL sees an increase in demand for the smaller model 3DS, regardless of region, they'll be more inclined to release it in NA. The Standard N3DS ain't selling as well as the XL in any market, so what incentive do they have to bring it here besides "appease the few people who want it, but haven't imported". They won't see less consoles purchased if you double dip. (My NA N3DS XL has all of my OGXL purchases transferred and basically is just an upgrade of the OG which I use for text based games, and I use the standard N3DS for games that don't require learning the Japanese language since the eShop works with American credit cards.) Also games like Pheonix Wright, Pokemon and Bravely Default all have an English option.
um, ok? I don't really care if you believe me, lol. That's just how it works. First you get a 3DS system with a firmware of 9.2 or lower, then you go to a certain website, which boots Gateway mode. This mode can be upgraded to the latest firmware. My OG 3DS XL is on the latest firmware and I can play any game online with it and make purchases easily. You do have to make sure to never update the non Gateway mode firmware. It's actually pretty awesome how great Gateway works, there's a ton more information over at GBAtemp.