The CPI to be used is the annual average CPI, All Urban Consumers, U.S. City Average, All Items, except where a local, All Item index is available. Where a local index is available, but results in a manifest inequity vis-a-vis the U.S. City Average, the U.S. City Average may be used. The numerator of that equation is the yearly average for the year(s) the services were provided, with each year calculated separately. If an annual average CPI for a particular year is not yet available, the prior year's annual average CPI shall be used. This formula increases the $75 statutory cap by indexing it to reflect cost of living increases, as authorized in 5 U.S.C. 504(b)(1)(A)(ii) . Application of these increased rate caps requires affirmative findings under § 821.6(c) of this chapter. For ease of application, available U.S. City figures are reproduced as follows:
1981 | 90.9 |
1982 | 96.5 |
1983 | 99.6 |
1984 | 103.9 |
1985 | 107.6 |
1986 | 109.6 |
1987 | 113.6 |
1988 | 118.3 |
1989 | 124.0 |
1990 | 130.7 |
1991 | 136.2 |
1992 | 140.3 |
1993 | 144.5 |
49 C.F.R. §826.6