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Interpretation Response #00-0128 ([Sure-Way Systems, Inc.] [Mr. Gary Chilcott])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date:

Company Name: Sure-Way Systems, Inc.

Individual Name: Mr. Gary Chilcott

Location State: CA Country: US

View the Interpretation Document

Response text:

October 18, 2000

Mr. Gary Chilcott                Ref. No. 00-0128
Sure-Way Systems, Inc.
3 1 0 East Harry Bridges Boulevard
Wilmington, CA 90744

Dear Mr. Chilcott:

This is in response to your letter and telephone conversations with members of this office concerning whether your company's reusable sharps container conforms to the packaging requirements for the transport of a regulated medical waste (RMW) under the Hazardous Materials Regulations (49 CFR Parts 171-180).

You described the sharps container as a rigid, oblong, high-density polyethylene container with absorbent foam at the bottom and a locking lid.  Flanges extending from the edge of the container lid are designed to be attached to, and suspended from, a metal cart rack.  When offered for transportation, the top, bottom and sides of the cart rack holding the containers are surrounded with 1/8-inch thick polyethylene sheeting.  The ends of the cart rack, where the containers are loaded and unloaded, are locked during transportation.  You enclosed test reports that state the sharps container meets the Occupational Safety and Health Administration (OSHA) requirements in 29 CFR 1910.1030, and certain other performance criteria.  Also, you enclosed several photographs of the containers, which appear to be marked with the OSHA "BIOHAZARD" marking, and the cart racks.

Based on the information you submitted, it is our opinion that the polyethylene container meets the criteria in
§171,8, 173.24, and 173.24a for a non-bulk, non-specification package.  Under §173.134(b)(3), the container may be used for RMW (i.e., Regulated medical waste, 6.2, UN 3291, PG II) that does not contain a waste culture or stock provided it is transported by private or contract carrier.  Each container must be marked in conformance with the proper shipping name, identification number, etc., as required in 49 CFR Part 172, Subpart D, and with the OSHA "BIOHAZARD" marking.  If the markings on the containers are not visible through the polyethylene sheeting, the sheeting must be marked according to the requirements for an overpack, as prescribed in §173.25.

I hope this satisfies your request.


Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards


Regulation Sections

Section Subject
173.134 Class 6, Division 6.2-Definitions and exceptions