(a) For each calendar year, FSIS will calculate the laboratory services rate, per hour per program employee, provided pursuant to §§350.7, 351.9, 352.5, 354.101, 355.12, and 362.5 of this chapter, using the following formula: The quotient of dividing the Office of Public Health Science (OPHS) previous fiscal year's regular direct pay by OPHS previous fiscal year's regular hours, plus the quotient multiplied by the calendar year's percentage cost of living increase, plus the benefits rate, plus the travel and operating rate, plus the overhead rate, plus the allowance for bad debt rate.

(b) FSIS will calculate the benefits rate, the travel and operating rate, the overhead rate, and the allowance for bad debt rate using the formulas set forth in §391.2(b), and the cost of living increases and percentage of inflation factors set forth in §391.2(c).

[76 FR 20228, Apr. 12, 2011]