Proposed Rule2025-15749
Visual Post-Mortem Inspection in Swine Slaughter Establishments
Primary source
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Published
August 19, 2025
Issuing agencies
Agriculture DepartmentFood Safety and Inspection Service
Abstract
FSIS is proposing to end mandatory mandibular lymph nodes incision and viscera palpation of swine carcasses in all swine slaughter establishments (i.e., establishments operating under traditional swine slaughter inspection or the New Swine Slaughter Inspection System (NSIS). Mandibular lymph nodes ("lymph nodes") incision and viscera palpation of swine carcasses are not needed to ensure food safety, as FSIS swine condemnation rates are low and disease conditions that are condemnable defects can be detected visually through other pathological changes in the carcass and its parts. Therefore, FSIS is proposing to amend the meat inspection regulations to remove requirements for establishment sorters to "incise mandibular lymph nodes and palpate the viscera" as part of their sorting activities before FSIS post-mortem inspection in NSIS establishments. FSIS is also proposing to amend the post-mortem swine inspection staffing standards table applicable to swine slaughter establishments operating under traditional inspection. This change would allow FSIS more flexibility to assign inspection program personnel (IPP) based on the establishment's line configuration, other establishment operations, and FSIS staffing needs.
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[Federal Register Volume 90, Number 158 (Tuesday, August 19, 2025)]
[Proposed Rules]
[Pages 40257-40262]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-15749]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 90, No. 158 / Tuesday, August 19, 2025 /
Proposed Rules
[[Page 40257]]
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Part 310
[Docket No. FSIS 2024-0023]
RIN 0583-AD99
Visual Post-Mortem Inspection in Swine Slaughter Establishments
AGENCY: Food Safety and Inspection Service (FSIS), U.S. Department of
Agriculture (USDA).
ACTION: Proposed rule.
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SUMMARY: FSIS is proposing to end mandatory mandibular lymph nodes
incision and viscera palpation of swine carcasses in all swine
slaughter establishments (i.e., establishments operating under
traditional swine slaughter inspection or the New Swine Slaughter
Inspection System (NSIS). Mandibular lymph nodes (``lymph nodes'')
incision and viscera palpation of swine carcasses are not needed to
ensure food safety, as FSIS swine condemnation rates are low and
disease conditions that are condemnable defects can be detected
visually through other pathological changes in the carcass and its
parts. Therefore, FSIS is proposing to amend the meat inspection
regulations to remove requirements for establishment sorters to
``incise mandibular lymph nodes and palpate the viscera'' as part of
their sorting activities before FSIS post-mortem inspection in NSIS
establishments. FSIS is also proposing to amend the post-mortem swine
inspection staffing standards table applicable to swine slaughter
establishments operating under traditional inspection. This change
would allow FSIS more flexibility to assign inspection program
personnel (IPP) based on the establishment's line configuration, other
establishment operations, and FSIS staffing needs.
DATES: Comments on the proposed rule must be received on or before
October 20, 2025.
ADDRESSES: FSIS invites interested persons to submit comments on this
proposed rule. Comments may be submitted by one of the following
methods:
<bullet> Federal eRulemaking Portal: This website provides the
ability to type short comments directly into the comment field on this
web page or attach a file for lengthier comments. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the online instructions at that site for
submitting comments.
<bullet> Mail: Send to Docket Clerk, U.S. Department of
Agriculture, Food Safety and Inspection Service, 1400 Independence
Avenue SW, Mailstop 3758, Washington, DC 20250-3700.
<bullet> Hand- or courier-delivered submittals: Deliver to 1400
Independence Avenue SW, Jamie L. Whitten Building, Room 350-E,
Washington, DC 20250-3700.
Instructions: All items submitted by mail or electronic mail must
include the Agency name and docket number FSIS-2024-0023. Comments
received in response to this docket will be made available for public
inspection and posted without change, including any personal
information, to <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Docket: For in-person access to background documents or comments
received, call (202) 720-5046 to schedule a time to visit the FSIS
Docket Room at 1400 Independence Avenue SW, Washington, DC 20250-3700.
FOR FURTHER INFORMATION CONTACT: Rachel Edelstein, Assistant
Administrator, Office of Policy and Program Development, at (202) 205-
0495 or <a href="/cdn-cgi/l/email-protection#dcb8b3bfb7b9a8bfb0b9aeb79ca9afb8bdf2bbb3aa"><span class="__cf_email__" data-cfemail="5f3b303c343a2b3c333a2d341f2a2c3b3e71383029">[email protected]</span></a> with a subject line of ``Docket No. FSIS
2024-0023.'' Individuals in the United States who are deaf, deafblind,
hard of hearing, or have a speech disability may dial 711 (TTY, TDD, or
TeleBraille) to access telecommunications relay services. Individuals
outside the United States should use the relay services offered within
their country to make international calls to the point-of-contact in
the United States. For a summary of the proposal, please see the rule
summary document in docket FSIS-2024-0023 on <a href="http://www.regulations.gov">www.regulations.gov</a>.
SUPPLEMENTARY INFORMATION:
I. Background
FSIS has been delegated the authority to exercise the functions of
the Secretary of Agriculture (7 CFR 2.18, 2.53), as specified in the
Federal Meat Inspection Act (FMIA) (21 U.S.C. 601, et seq.). The FMIA
provides that the Secretary shall cause to be made by inspectors an
examination and inspection of all amenable species, including swine,
before they enter into any establishment in which they are to be
slaughtered and the meat and meat food products thereof are to be used
in commerce (21 U.S.C. 603(a)). All amenable species found to show
symptoms of disease are to be set apart and slaughtered separately; the
carcasses of such animals are to be subject to a careful inspection (21
U.S.C. 603(a)). The FMIA also requires inspectors to conduct a post-
mortem examination and inspection, and any necessary reinspection, of
carcasses and parts of amenable species prepared for human food (21
U.S.C. 604). The FMIA requires that all carcasses and parts found to be
adulterated be condemned (21 U.S.C. 604).\1\
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\1\ Under the FMIA, a meat or meat food product is adulterated,
among other circumstances, if it bears or contains any poisonous or
deleterious substance that may render it injurious to health; it is
unhealthful, unwholesome, or otherwise unfit for human consumption;
it was prepared, packaged, or held under insanitary conditions
whereby it may have been rendered injurious to health; or if damage
or inferiority has been concealed in any manner (21 U.S.C.
601(m)(1),(3),(4),and (8)).
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Under traditional swine inspection, Agency inspectors inspect the
head, viscera, and carcass of each animal for localized defects and
direct establishment employees to remove the defects through trimming.
Under current Agency instructions for examining carcasses during
traditional swine post-mortem inspection, FSIS online inspectors are to
perform a careful examination and inspection of the carcasses and parts
of each animal to inspect for animal diseases and defects. This
examination includes the incision of the mandibular lymph nodes in
heads and the palpation of lymph nodes (i.e., mesenteric, portal, and
bronchial lymph nodes) in the viscera. FSIS online inspectors identify
and retain carcasses and parts with lesions or conditions that might
render the meat unfit for human consumption and require subsequent
inspection by an FSIS veterinarian. The FSIS veterinarian next
thoroughly examines carcasses and
[[Page 40258]]
parts retained for this reason to determine whether they should be
condemned. Establishment personnel then dispose of condemned carcasses
and their parts under FSIS supervision in accordance with 9 CFR part
314.
The meat post-mortem inspection regulations for establishments
operating under traditional inspection set forth swine inspection
staffing standards based on several factors. Under the current staffing
standards, FSIS assigns a certain number of online post-mortem
inspectors per line per shift to perform post-mortem inspection of the
head, viscera, and carcass at inspection stations at fixed points along
the line (see Table 4, 9 CFR 310.1(b)(3)(ii)). FSIS assigns up to seven
online post-mortem inspectors per line per shift to cover these head,
viscera, and carcass inspection stations. In some establishments, one
inspector may perform all the post-mortem inspection procedures on each
carcass and its parts (see Table 1, 9 CFR 310.1(b)(3)(ii)).
In 2019, the Agency published a final rule to modernize swine
slaughter inspection (84 FR 52300, October 1, 2019). The rule
established an optional new swine slaughter inspection system, the
NSIS, for market hog slaughter establishments. In establishments
operating under the NSIS, establishment sorters are required to
identify any condemnable conditions or defects before carcasses are
presented to the FSIS online post-mortem inspectors. Establishment
sorters are also required to ``incise mandibular lymph nodes and
palpate the viscera'' to detect the presence of animal diseases as part
of their sorting activities before FSIS post-mortem inspection (9 CFR
310.26(b)). FSIS stated in the 2019 final rule that it would evaluate
ending mandatory lymph nodes incision and viscera palpation (84 FR
52300, 52313-52314). FSIS intended to allow NSIS establishments to
apply for waivers from the lymph nodes incision and viscera palpation
regulatory requirements, provided establishments submitted
documentation supporting that the presence of animal diseases is not
reasonably likely to occur. Waivers would then be used to gather
information on the public health impact of such sorting activities to
support potential future rulemaking (84 52300, 52314). However, after
reviewing FSIS condemnation data (discussed below), the Agency has more
recently decided that waivers are unnecessary, as FSIS has sufficient
data and information to move forward with rulemaking.
A. Visual Post-Mortem Inspection as an Effective Measure To Ensure Food
Safety
FSIS swine carcass condemnation data demonstrate that removing the
requirement for lymph nodes incision and viscera palpation (to detect
possible abnormality in the lymph nodes) during post-mortem swine
inspection may improve food safety by reducing opportunities for
introduction of contamination. FSIS condemnation data supports that
lymph node incision and viscera palpation are not needed to identify
the conditions of condemnable swine carcasses at post-mortem
inspection.\2\ Swine disease conditions for which a carcass may be
condemned (e.g., arthritis, pyometra, and splenic torsion) are
primarily identified during the visual observation component of post-
mortem swine inspection. Historically, incision of lymph nodes and
palpation of the viscera during post-mortem swine inspection have aided
in the detection of these disease conditions. However, based on FSIS'
experience with post-mortem inspection, swine carcasses affected with
animal diseases that would result in condemnation often exhibit
multiple pathological changes in the same carcass. These changes can be
observed visually, allowing FSIS online inspectors to visually identify
and retain those carcasses for disposition by an FSIS veterinarian
without needing to incise lymph nodes in swine heads or palpate the
viscera.
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\2\ FSIS post-mortem swine condemnation data available at:
<a href="https://www.regulations.gov/docket/">https://www.regulations.gov/docket/</a> FSIS 2024-0023.
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Lymph nodes incision and viscera palpation are not needed to
identify defects and disease conditions in swine carcasses, and ending
the mandatory use of these procedures may also reduce the probability
of carcass cross-contamination by microbial food safety hazards. Other
countries, including France, the Netherlands, and Denmark,\3\ conduct
alternative post-mortem market hog inspection to allow establishments
to use discretion when determining whether to incise mandibular lymph
nodes and palpate the viscera. These alternative procedures are
supported by research demonstrating that lymph nodes incision and
viscera palpation are risk factors for cross-contamination. For
example, a risk assessment Denmark conducted in 2009 found, in part,
that the food safety risks associated with Salmonella and Yersinia
cross-contamination can be significantly reduced through the
implementation of visual only inspection.\4\ France's alternative
procedure is supported by a European Food Safety Authority (EFSA)
scientific opinion that found, in part, the risk of microbial cross-
contamination from incision and palpation is higher than the risk
associated with potentially reduced detection of conditions targeted by
these two traditional procedures.\5\
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\3\ These countries' food safety systems for raw and processed
pork products have been found to be equivalent to FSIS' inspection
system.
\4\ Alban, Lis, et al., Risk Assessment for Supply Chain Meat
Inspection of Danish Finisher Pigs, Jan. 1, 2009, available at:
<a href="https://dr.lib.iastate.edu/entities/publication/0d33993b-6af9-4b42-a155-5f04c74b4607">https://dr.lib.iastate.edu/entities/publication/0d33993b-6af9-4b42-a155-5f04c74b4607</a>.
\5\ EFSA Journal 2011;9(10):2351, Scientific Opinion on the
Public Health Hazards to be Covered by Inspection of Meat (Swine),
available at: <a href="https://efsa.onlinelibrary.wiley.com/doi/pdfdirect/10.2903/j.efsa.2011.2351">https://efsa.onlinelibrary.wiley.com/doi/pdfdirect/10.2903/j.efsa.2011.2351</a>.
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Under the FMIA and the regulations that implement the statute, meat
and meat products imported into the United States must be produced
under standards for safety, wholesomeness, and labeling accuracy that
are equivalent to those of the United States (21 U.S.C. 620).\6\ As of
the publication of this proposed rule, FSIS has determined that France,
the Netherlands, and Denmark have met FSIS equivalence criteria for the
use of discretionary lymph nodes incision and viscera palpation during
post-mortem swine inspection.\7\ Should the rule become final, FSIS
would use the Agency's equivalence procedures to similarly evaluate any
future requests from foreign countries to determine whether a visual
post-mortem swine inspection procedure achieves an appropriate level of
public health protection as applied domestically by FSIS in the United
States.
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\6\ Information about the FSIS equivalence process, including a
list of countries that have been determined to have equivalent meat,
poultry, or egg product food safety inspection systems, can be found
at: <a href="https://www.fsis.usda.gov/inspection/import-export/equivalence">https://www.fsis.usda.gov/inspection/import-export/equivalence</a>.
\7\ See FSIS Individual Sanitary Measure (ISM) Equivalence
Determinations Table, available at: <a href="https://www.fsis.usda.gov/sites/default/files/media_file/2022-06/ism-equivalence-determination-table.pdf">https://www.fsis.usda.gov/sites/default/files/media_file/2022-06/ism-equivalence-determination-table.pdf</a>.
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FSIS condemnation rates for swine carcasses during post-mortem
inspection are low, condemnable defects and disease conditions in swine
carcasses can be detected visually through other pathological changes,
and lymph nodes incision may increase risk of food safety hazard cross-
contamination. Therefore, removing the requirements for lymph nodes
incision and viscera palpation during post-mortem NSIS sorting
activities and traditional swine inspection may improve food safety.
[[Page 40259]]
B. Visual Inspection as an Efficient, Effective Use of Agency and
Industry Resources
Ending mandatory lymph nodes incision and viscera palpation in
swine slaughter establishments would improve FSIS inspection
efficiency, make better use of FSIS inspection resources, and provide
flexibility to industry. In traditional swine slaughter establishments,
under this proposed rule, FSIS inspectors would focus more on observing
the carcass and parts during post-mortem inspection procedures. FSIS
inspectors would also maintain authority to incise and palpate lymph
nodes and examine the viscera for defects, if needed. This approach
would result in a more efficient examination of each carcass presented
to online post-mortem inspectors without affecting an inspector's
ability to detect defects and animal diseases and ensure proper
disposition of those affected. Removing the lymph nodes incision and
palpation requirements for NSIS establishments may also reduce
establishments' costs to operate under the NSIS because they may be
able to reduce the number of employees required to make carcasses ready
for inspection before the head and viscera stations.
Under current staffing standards for establishments operating under
traditional swine inspection, FSIS assigns up to seven online
inspectors per line per shift to cover post-mortem inspection stations
for the head, viscera, and carcass. Although the regulations do not
specifically require FSIS inspectors in traditional establishments to
incise lymph nodes and palpate the viscera of every swine carcass
inspected, FSIS instructs its inspectors to perform these duties in
FSIS Directive 6100.2, Post-Mortem Livestock Inspection.\8\ Because
FSIS is proposing to remove unnecessary inspection procedures, the
Agency may be able to assign fewer online inspectors at the head and
viscera inspection stations in traditional swine slaughter
establishments. Should the Agency implement the primarily visual
inspection of heads and viscera, FSIS would assign up to three online
post-mortem inspectors at the head inspection station and up to three
inspectors at the viscera station, based on the establishment's line
configuration, other establishment operations, and FSIS staffing
needs.\9\ FSIS would continue to inspect every head, viscera, and
carcass as required by the FMIA. However, this change would allow FSIS
IPP to efficiently inspect each carcass presented for FSIS post-mortem
inspection, thereby also providing the Agency more flexibility to
assign inspectors at the head and viscera stations.
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\8\ Available at: <a href="https://www.fsis.usda.gov/sites/default/files/media_file/2020-07/6100.2.pdf">https://www.fsis.usda.gov/sites/default/files/media_file/2020-07/6100.2.pdf</a>.
\9\ FSIS notes that, in some establishments, the carcass is
inspected with the head attached to the carcass and both are
inspected by the same inspector, so that there is no separate head
inspection station. In other establishments with a different layout,
the head and viscera stations are combined. In such cases, FSIS may
not need to assign more than one inspector to inspect both the head
and viscera.
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FSIS is not proposing any changes to its staffing in NSIS
establishments. Establishment sorters rather than FSIS inspectors
incise lymph nodes and palpate the viscera in NSIS establishments. FSIS
inspectors already conduct a primarily visual post-mortem inspection of
the head, viscera, and carcass. Eliminating the requirement for
establishment sorters to incise lymph nodes and palpate the viscera
should not impact the workload of FSIS inspectors in NSIS
establishments.
Additionally, ending mandatory lymph nodes incision and viscera
palpation under the proposed rule would have no impact on line speed
requirements for traditional or NSIS swine slaughter establishments.
As discussed above, should the proposed rule become final, FSIS
would update its instructions to FSIS IPP on the primarily visual
inspection of lymph nodes and viscera during post-mortem traditional
swine inspection. FSIS would also update guidance to establishments
\10\ operating under the NSIS to reflect the procedures for the
primarily visual observation and check of lymph nodes and viscera as
part of establishment sorting activities before FSIS post-mortem
inspection.
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\10\ Current Agency guidance on NSIS establishment sorting
procedures are described in FSIS Guideline for Training Sorters
under the New Swine Slaughter Inspection System (September 2019),
available at: <a href="https://www.fsis.usda.gov/sites/default/files/import/training-establishment-sorters-nsis.pdf">https://www.fsis.usda.gov/sites/default/files/import/training-establishment-sorters-nsis.pdf</a>.
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II. Proposed Rule
Under the proposed rule, FSIS would revise 9 CFR 310.26(b) to
remove requirements for establishment sorters to incise lymph nodes and
palpate the viscera in swine slaughter establishments operating under
the NSIS. Establishment sorters would continue to conduct carcass
sorting activities and identify any condemnable conditions or defects
before carcasses are presented to online post-mortem inspectors, as
currently required under these regulations. For example, establishments
sorters would still be required to visually examine all surfaces of
viscera to detect condemnable conditions or defects.
The proposed rule also would revise the post-mortem inspection
staffing standards applicable to swine slaughter establishments
operating under traditional inspection in 9 CFR 310.1(b)(3)(ii).
Specifically, the heading of Table 4 in 9 CFR 310.1(b)(3)(ii) would be
revised to state that the listed number of inspectors per station
(i.e., the head, viscera, and carcass stations) would be the maximum
number of inspectors required. Under the revised staffing standards,
FSIS would assign up to three inspectors at the head inspection station
and up to three inspectors at viscera station, based on the
establishment's operations (including inspection line configurations)
and FSIS staffing needs.
III. Executive Orders 12866, as Amended by 13563 and 14192
Executive Order (E.O.) 12866 provides that the Office of
Information and Regulatory Affairs (OIRA) in the Office of Management
and Budget will determine whether a regulatory action is significant as
defined by E.O. 12866 and will review significant regulatory actions.
OIRA has determined that this rule is not significant as defined by
E.O. 12866. E.O. 13563 reaffirms the principles of E.O. 12866 while
calling for improvements in the Nation's regulatory system to promote
predictability, to reduce uncertainty, and to use the best, most
innovative, and least burdensome tools for achieving regulatory ends.
FSIS has developed the proposed rule consistent with E.O. 13563. E.O.
14192, ``Unleashing Prosperity Through Deregulation,'' announced the
Administration policy to significantly reduce the private expenditures
required to comply with Federal regulations to secure America's
economic prosperity and national security and the highest possible
quality of life for each citizen and to alleviate unnecessary
regulatory burdens placed on the American people. This proposed rule,
if finalized as proposed, is considered an E.O. 14192 deregulatory
action.
Economic Impact Analysis
Baseline and Need for the Rule
FSIS is proposing to end mandatory lymph nodes incision and viscera
palpation in both traditional and NSIS swine slaughter establishments.
Ending mandatory lymph nodes incision and viscera palpation in swine
slaughter establishments would improve
[[Page 40260]]
inspection efficiency, make a more efficient allocation of FSIS
inspection resources, and provide flexibility to industry.
In 2024, there were 751 swine slaughter establishments that
slaughtered approximately 127.8 million swine.\11\ If finalized, this
change would apply to inspection at all swine slaughter establishments.
As of February 2025, there were 17 NSIS establishments, and 14
traditional establishments at which FSIS assigns four to seven online
inspectors per line and at which the proposed changes may change the
number of FSIS staff. For this analysis, FSIS assumed potential changes
to Agency staffing at traditional establishments with 2 to 3 inspectors
staffed at the viscera station or 2 to 3 inspectors staffed at the head
station.\12\ The 17 NSIS establishments may also change their
establishment employee staffing in response to this proposed rule. FSIS
does not anticipate any changes to the Agency's staffing at NSIS
establishments.
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\11\ FSIS, Public Health Information System (PHIS) database,
accessed February 2025.
\12\ These 14 establishments also have 1 inspector at the
carcass station; however, the proposed changes would not affect this
position.
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Expected Costs and Benefits of the Proposed Rule
FSIS does not expect the proposed changes would impose any costs on
the Agency, industry, or consumers. The proposed changes may improve
the safety or quality of the product. While the proposed changes do not
require industry to implement any changes, they will likely stop lymph
nodes incision and viscera palpation prior to post-mortem inspection.
Benefits Associated With the Proposed Rule
Benefits for FSIS
In traditional establishments, the proposed rule would allow FSIS
IPP to more efficiently inspect each carcass presented for FSIS post-
mortem inspection without affecting IPP's ability to detect animal
diseases and conditions or ensure proper disposition of those affected.
The proposed changes would improve the use of FSIS IPP time during
inspection by removing unnecessary inspection duties for incising lymph
nodes and palpating viscera.
As described above, the proposed rule would allow FSIS IPP to focus
more on observing the carcass and parts during post-mortem inspection.
FSIS inspectors would also maintain authority to incise lymph nodes and
palpate viscera to look for defects, if needed. The increased
inspection efficiency would allow FSIS to improve the use of FSIS
inspection resources and to more effectively assign inspection
verification responsibilities for IPP at all swine slaughter
establishments, including offline verification activities to ensure
that establishments comply with regulatory requirements critical to
food safety (e.g., Hazard Analysis and Critical Control Points
verification tasks).
Because FSIS online IPP would no longer be spending time incising
lymph nodes and palpating the viscera, the Agency may reduce the number
of online post-mortem inspectors in some traditional swine slaughter
establishments resulting in a more efficient allocation of FSIS
inspection resources. However, these reductions would be made over time
through attrition and reassignment to other positions. If the proposed
changes are finalized, FSIS IPP at traditional establishments would
focus on observing the swine carcass and parts during post-mortem
inspection procedures without being required to incise the lymph nodes
and palpate the viscera. The traditional swine slaughter establishments
that may experience changes to assigned FSIS online inspection
personnel typically have five to seven inspectors per line. The Agency
estimates that there could be a reduction equivalent to one to two
online inspector positions at the head station and one to two online
inspector positions at the viscera station in 14 traditional
establishments because of the reduced workload, depending on
establishment line configurations.\13\
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\13\ FSIS used PHIS data to identify establishments and lines
eligible for staffing changes. These establishments are large with
at least two to three inspectors at the head or two to three
inspectors at the viscera stations. These establishments had a total
of 20 lines across all shifts. For this analysis, FSIS multiplied
the number of lines by the number of daily shifts at each
establishment to estimate the total number of lines. For example, an
establishment operating two lines over two daily shifts would have a
total of four lines.
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For this analysis, FSIS quantified the cost savings associated with
this reduction in online post-mortem inspection positions. The Agency
assumed an FSIS online inspector is paid between $111,124 and $135,922,
which is the Office of Personnel Management's (OPM), Rest of the U.S.
(RUS) General Schedule (GS) 07 step 5 to GS-09 step 5 salary with a
benefits factor of two.\14\ If the proposed rule is finalized, the
Agency estimates a range of possible savings depending on how the
resulting online inspection stations are staffed. These annualized
savings range between $2.0 to $8.4 million over 10 years discounted at
7 percent.\15\ As mentioned above, any reductions to FSIS personnel
would happen over time through attrition and reassignment to other
positions.
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\14\ FSIS Office of the Chief Financial Officer provided these
salary estimates and benefit factor. In addition, the 2024 OPM RUS,
Salary Table can be found at <a href="https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/24Tables/html/RUS.aspx">https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/24Tables/html/RUS.aspx</a>.
\15\ FSIS estimated a wide range of savings to provide
flexibility for the resulting staffing of lines. To approximate the
high estimate, FSIS assumed that one inspector would be staffed at
the head station and one inspector would be staffed at the viscera
station, reducing online inspector positions by 62 online inspector
positions paid at the GS-9, step 5, OPM RUS salary. For the low
estimate, FSIS assumed only the head station would have a reduction
by one inspector per line paid at the GS-07, step 5, OPM RUS salary,
reducing total inspector positions by 18.
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Benefits for the Industry
If the proposed rule is finalized, FSIS would no longer require
establishment sorters at NSIS establishments to incise lymph nodes and
palpate the viscera. This change may result in NSIS establishments
voluntarily reducing the number of employees needed to make carcasses
and parts ready for inspection because the workload for sorters may be
reduced. FSIS estimates that this change would result in a reduction of
five to eight sorters per line at each NSIS establishment.
As of February 2025, there were 17 large NSIS establishments with
31 slaughter lines across all shifts.\16\ FSIS assumed these
establishments staff up to 11 sorters per line.\17\ Sorters are paid
higher wages than other production employees, because sorters trim and
identify defects, such as dressing defects, contamination, and
pathology defects, on carcasses and parts before FSIS post-mortem
inspection.\18\ FSIS estimates these sorters are paid as production
employees, with labor costs of $44.16 to $47.56 per hour.\19\ These
[[Page 40261]]
labor costs are higher than the average production employee and include
the 75th percentile wage rate of $22.08 to the 90th percentile wage
rate of $23.78, multiplied by a benefits and overhead factor of two.
Under these assumptions, FSIS estimates the annual industry cost
savings for the reduction in sorters at NSIS establishments ranges from
approximately $14.7 to $25.4 million over 10 years discounted at 7
percent.\20\ However, industry may offset these cost savings by
assigning personnel to other areas of the establishment, as relevant.
These changes may incentivize additional swine slaughter establishments
to convert to the NSIS.
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\16\ FSIS used 2025 PHIS data to identify establishments. For
this analysis, FSIS multiplied the number of lines by the number of
daily shifts at each establishment to estimate the total number of
lines. For example, an establishment operating two lines over two
daily shifts would have a total of four lines.
\17\ The 11 sorters per line assumption is based on FSIS'
experience on how NSIS establishments staff slaughter lines. 84 FR
52324. Modernization of Swine Slaughter Inspection Final Rule as
informed by the Hazard Analysis and Critical Control Point (HACCP)-
Based Inspection Models Project (HIMP) and a commenter on the
Modernization of Swine Slaughter Inspection Proposed Rule. <a href="https://www.fsis.usda.gov/sites/default/files/media_file/2021-02/2016-0017F.pdf">https://www.fsis.usda.gov/sites/default/files/media_file/2021-02/2016-0017F.pdf</a>.
\18\ 84 FR 52324. Modernization of Swine Slaughter Inspection
Final Rule <a href="https://www.fsis.usda.gov/sites/default/files/media_file/2021-02/2016-0017F.pdf">https://www.fsis.usda.gov/sites/default/files/media_file/2021-02/2016-0017F.pdf</a>.
\19\ U.S. Bureau of Labor Statistics, Occupational Employment
and Wage Estimates, May 2024: 51-3023 Slaughterers and Meat Packers,
<a href="https://data.bls.gov/oes/#/industry/000000">https://data.bls.gov/oes/#/industry/000000</a>.
\20\ For the low estimate, FSIS multiplied the hourly labor cost
of $44.16 by the likely reduction of five sorters per line,
multiplied by the total number of lines, 31, multiplied by the total
estimated hours per year of 2,152 (or 269 production days multiplied
by 8 hours per day). For the high estimate, FSIS multiplied the
hourly labor cost of $47.56 by the likely reduction at the high
estimate of eight sorters per line, multiplied by 31 lines,
multiplied by the total estimated hours per year of 2,152 (or 269
production days multiplied by 8 hours per day).
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IV. Regulatory Flexibility Act
The FSIS Administrator has made a preliminary determination that
this proposed rule, if finalized, would not have a significant economic
impact on a substantial number of small entities in the U.S., as
defined by the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). FSIS
does not estimate any costs or benefits to small entities because of
FSIS ending mandatory lymph nodes incision and viscera palpation in
both traditional swine slaughter and NSIS establishments. The
quantified industry benefits due to potential industry staffing changes
would occur at the 17 NSIS establishments. Swine slaughter
establishments are classified in the 311611-animal (except Poultry)
Slaughter sector of the North American Industry Classification System
(NAICS).\21\ The U.S. Small Business Administration (SBA) size standard
for small businesses in this sector is 1,150 employees or less.\22\
Under the SBA definition, the 17 NSIS establishments are not considered
small entities.
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\21\ U.S. Census Bureau North American Industry Classification
System (NAICS). Available online at <a href="https://www.census.gov/naics/?input=31&chart=2022&details=311615">https://www.census.gov/naics/?input=31&chart=2022&details=311615</a> (last accessed in April 2025).
\22\ United States Small Business Administration (SBA), Table of
Small Business Standards Matched to North American Industry
Classification System Codes. Effective January 1, 2022. Available at
<a href="https://www.sba.gov/sites/default/files/files/Size_Standards_Table.pdf">https://www.sba.gov/sites/default/files/files/Size_Standards_Table.pdf</a>.
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V. Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3501-3520), FSIS has reviewed the proposed rule. The Administrator has
determined that this rulemaking would not create additional information
collection or recordkeeping burdens.
VI. E-Government Act
FSIS and USDA are committed to achieving the purposes of the E-
Government Act (44 U.S.C. 3601, et seq.) by, among other things,
promoting the use of the internet and other information technologies
and providing increased opportunities for citizen access to Government
information and services, and for other purposes.
VII. Executive Order 12988, Civil Justice Reform
This proposed rule has been reviewed under E.O. 12988, Civil
Justice Reform. Under this rule: (1) All State and local laws and
regulations that are inconsistent with this rule will be preempted; (2)
no retroactive effect will be given to this rule; and (3) no
administrative proceedings will be required before parties may file
suit in court challenging this rule.
VIII. Executive Order 13175
This rule has been reviewed in accordance with the requirements of
E.O. 13175, ``Consultation and Coordination with Indian Tribal
Governments''. E.O. 13175 requires Federal agencies to consult and
coordinate with tribes on a government-to-government basis on policies
that have tribal implications, including regulations, legislative
comments or proposed legislation, and other policy statements or
actions that have substantial direct effects on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes or on the distribution of power and responsibilities between the
Federal Government and Indian tribes.
FSIS has assessed the impact of this rule on Indian tribes and
determined that this rule does not, to our knowledge, have tribal
implications that require tribal consultation under E.O. 13175. If a
tribe requests consultation, FSIS will work with the Office of Tribal
Relations to ensure meaningful consultation is provided where changes,
additions, and modifications identified herein are not expressly
mandated by Congress.
IX. Environmental Impact
Pursuant to the National Environmental Policy Act (42 U.S.C. 4321,
et seq.) (NEPA), Federal agencies must prepare an environmental impact
statement (EIS) for any ``major Federal actions significantly affecting
the quality of the human environment'' (42 U.S.C. 4332 (C)). USDA's
NEPA implementing regulations establish a categorical exclusion for
specified categories of actions and the actions of certain USDA
agencies and agency units (7 CFR 1b.3, 1b.4). USDA has determined that
the listed agencies, including FSIS (7 CFR 1b.4(b)(6)), ``conduct
programs and activities that have been found to have no individual or
cumulative effect on the human environment'' (7 CFR 1b.4(a)).
Accordingly, all FSIS actions are categorically excluded from
preparation of an EA or EIS unless the Agency head determines that a
particular action may have a significant environmental effect (Id.).
The action thus is categorically excluded unless FSIS anticipates that
extraordinary circumstances from this rule may have a significant
environmental effect.
Expected sales of pork products rather than NSIS establishment
sorting activity requirements or Agency traditional inspection system
staffing standards, would determine production levels in
establishments. Ending mandatory lymph nodes incision and viscera
palpation may allow swine slaughter establishments to slaughter more
efficiently but would not affect consumer demand for the
establishments' products. Moreover, all establishments are required to
meet applicable local, state, and Federal environmental requirements.
FSIS does not anticipate that amending the NSIS establishment sorting
requirements or revising Agency traditional inspection system staffing
standards would have a significant environmental effect (7 CFR
1b.4(a)). Therefore, this action is appropriately subject to the
categorical exclusion from the preparation of an environmental
assessment or environmental impact statement provided under 7 CFR
1b.4(6) of the USDA regulations.
X. Additional Public Notification
Public awareness of all segments of rulemaking and policy
development is important. Consequently, FSIS will announce this Federal
Register publication on-line through the FSIS web page located at:
<a href="https://www.fsis.usda.gov/federal-register">https://www.fsis.usda.gov/federal-register</a>. FSIS will also announce and
provide a link through the FSIS Constituent Update, which is used to
provide information regarding FSIS policies, procedures, regulations,
Federal Register notices, FSIS public meetings, and other types of
information that could affect or would
[[Page 40262]]
be of interest to our constituents and stakeholders. The Constituent
Update is available on the FSIS web page. Through the web page, FSIS is
able to provide information to a much broader, more diverse audience.
In addition, FSIS offers an email subscription service which provides
automatic and customized access to selected food safety news and
information. This service is available at: <a href="https://www.fsis.usda.gov/subscribe">https://www.fsis.usda.gov/subscribe</a>. Options range from recalls to export information,
regulations, directives, and notices. Customers can add or delete
subscriptions themselves and have the option to password protect their
accounts.
XI. USDA Non-Discrimination Statement
In accordance with Federal civil rights law and USDA civil rights
regulations and policies, the USDA, its Agencies, offices, and
employees, and institutions participating in or administering USDA
programs are prohibited from discriminating based on race, color,
national origin, religion, sex, disability, age, marital status,
family/parental status, income derived from a public assistance
program, political beliefs, or reprisal or retaliation for prior civil
rights activity, in any program or activity conducted or funded by USDA
(not all bases apply to all programs). Remedies and complaint filing
deadlines vary by program or incident.
Persons with disabilities who require alternative means of
communication for program information (e.g., Braille, large print,
audiotape, American Sign Language, etc.) should contact the State or
local Agency that administers the program or contact USDA through the
Telecommunications Relay Service at 711 (voice and TTY). Additionally,
program information may be made available in languages other than
English.
To file a program discrimination complaint, complete the USDA
Program Discrimination Complaint Form, AD-3027, found online at How to
File a Program Discrimination Complaint and at any USDA office or write
a letter addressed to USDA and provide in the letter all of the
information requested in the form. To request a copy of the complaint
form, call (866) 632-9992. Submit your completed form or letter to USDA
by: (1) mail: U.S. Department of Agriculture, Office of the Assistant
Secretary for Civil Rights, 1400 Independence Avenue SW, Mail Stop
9410, Washington, DC 20250-9410; (2) fax: (202) 690-7442; or (3) email:
<a href="/cdn-cgi/l/email-protection#0b7b79646c796a662562657f6a606e4b7e786f6a256c647d"><span class="__cf_email__" data-cfemail="463634292134272b682f2832272d23063335222768212930">[email protected]</span></a>.
USDA is an equal opportunity provider, employer, and lender.
List of Subjects in 9 CFR Part 310
Animal diseases, Blood, Meat inspection.
For the reasons set forth in the preamble, FSIS proposes to amend 9
CFR Chapter III as follows:
PART 310--POST-MORTEM INSPECTION
0
1. The authority citation for part 310 continues to read as follows:
Authority: 21 U.S.C. 601-695; 7 CFR 2.18, 2.53.
0
2. Amend Sec. 310.1 by revising the righthand top header statement of
Table 4 in paragraph (b)(3)(ii) to read as follows: Maximum number of
inspectors per station.
0
3. Amend Sec. 310.26 by removing the second sentence of paragraph (b).
Done in Washington, DC.
Justin Ransom,
Administrator.
[FR Doc. 2025-15749 Filed 8-18-25; 8:45 am]
BILLING CODE 3410-DM-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.