[Federal Register Volume 61, Number 39 (Tuesday, February 27, 1996)]
[Rules and Regulations]
[Page 7224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4416]
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FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Part 206
RIN 3067-AC39
Exemption From Garnishment for Temporary Housing Assistance
AGENCY: Federal Emergency Management Agency (FEMA).
ACTION: Final rule.
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SUMMARY: This final rule establishes that all financial assistance
provided under the Disaster Housing Program is exempt from garnishment,
seizure, encumbrance, levy, execution, pledge, attachment, release, or
waiver.
EFFECTIVE DATE: March 28, 1996.
FOR FURTHER INFORMATION CONTACT: Laurence W. Zensinger, Response and
Recovery Directorate, Federal Emergency Management Agency, 500 C Street
SW., Washington, DC 20472, (202) 646-4262, (facsimile) 202-646-2730.
SUPPLEMENTARY INFORMATION: Financial assistance provided under the
Disaster Housing Program is not currently exempt from garnishment.
Financial assistance under the Individual and Family Grant (IFG)
Program is exempt from garnishment as specified in 44 CFR 206.131(l).
The purpose of financial assistance provided under the Disaster Housing
Program is to aid the applicant in obtaining safe housing following a
Presidentially declared disaster. When financial assistance provided to
an applicant is garnished, the housing needs of the applicant remain
unmet. Regulatory exemption from garnishment serves the intent of the
Disaster Housing Program. This final rule provides needed protection
for applicants who are awarded assistance.
FEMA previously published this as a proposed rule (69 FR 43740,
August 23, 1995), inviting comments. We received one brief postcard
comment in support of the proposed rule. We are publishing the final
rule with no changes from what we published in the proposed rule.
National Environmental Policy Act
This final rule is categorically excluded from the requirements of
44 CFR Part 10, Environmental Consideration. No environmental impact
assessment has been prepared.
Executive Order 12866, Regulatory Planning and Review
This final rule is not a significant regulatory action within the
meaning of Sec. 2(f) of E.O. 12866 of September 30, 1993, 58 FR 51735.
To the extent possible this final rule adheres to the regulatory
principles set forth in E.O. 12866, but it has not been reviewed by the
Office of Management and Budget under the provisions of E.O. 12866.
Paperwork Reduction Act
This final rule does not contain a collection of information
requirement as described in section 3504(h) of the Paperwork Reduction
Act.
Executive Order 12612, Federalism
This final rule involves no policies that have federalism
implications under E.O. 12612, Federalism, dated October 26, 1987.
Executive Order 12778, Civil Justice Reform
This final rule meets the applicable standards of Sec. 2(b)(2) of
E.O. 12778.
List of Subjects in 44 CFR Part 206
Administrative practice and procedure, Disaster assistance,
Housing.
Accordingly, 44 CFR part 206 is amended as follows:
PART 206--FEDERAL DISASTER ASSISTANCE FOR DISASTERS DECLARED ON OR
AFTER NOVEMBER 23, 1988
Subpart D--Temporary Housing Assistance
1. The authority citation for part 206 is revised to read as
follows:
Authority: The Robert T. Stafford Disaster Relief and Emergency
Assistance Act, 42 U.S.C. 5121 et seq.; Reorganization Plan No. 3 of
1978, 43 FR 41943, 3 CFR, 1978 Comp., p. 329, 5 U.S.C. App. 1; E.O.
12148, 44 FR 43239, 3 CFR, 1979 Comp., p. 412, as amended; and E.O.
12673, 54 FR 12571, 3 CFR, 1989 Comp., p. 214.
2. Section 206.101(g) is amended to add introductory text to read
as follows:
Sec. 206.101 Temporary housing assistance.
* * * * *
(g) Forms of Temporary Housing Assistance. All proceeds received or
receivable by the applicant under Sec. 206.101 shall be exempt from
garnishment, seizure, encumbrance, levy, execution, pledge, attachment,
release, or waiver. No rights under this provision are assignable or
transferable.
* * * * *
Dated: February 20, 1996.
William C. Tidball,
Associate Director, Response and Recovery.
[FR Doc. 96-4416 Filed 2-26-96; 8:45 am]
BILLING CODE 6718-02-P
