2012-18265. Notice Pursuant to Executive Order 12600 of Receipt of Freedom of Information Act (FOIA); Requests for Real Property Lease Documents From GSA Leases With Private Sector Landlords

AGENCY:

General Services Administration (GSA).

ACTION:

Notice.

SUMMARY:

This notice provides submitters notice pursuant to Executive Order 12600 that the GSA, Public Buildings Service, Office of Leasing has received several specific FOIA requests for certain GSA real property lease documents with private sector landlords. This notice describes typical data elements contained in these lease documents, and their exemption status under FOIA in response to these specific FOIA requests.

DATES:

Comments must be received on or before August 27, 2012.

ADDRESSES:

Submit comments identified by “Notice-PBS-2012-05”, by any of the following methods:

• Regulations.gov: http://www.regulations.gov.

Submit comments via the Federal eRulemaking portal by searching for “Notice-PBS-2012-05”.” Select the link “Submit a Comment” that corresponds with “Notice-PBS-2012-05.” Follow the instructions provided at the “Submit a Comment” screen. Please include your name, company name (if any), and “Notice-PBS-2012-05” on your attached document.

• Fax: [phone].
• Mail: General Services Administration, Regulatory Secretariat (MVCB), Attn: Hada Flowers/Notice-PBS-2012-05, 1275 First Street NE., 7th Floor, Washington, DC 20417.

Instructions: Please submit comments only and cite “Notice-PBS-2012-05”, in all correspondence related to this notice. All comments received will be posted without change to http://www.regulations.gov,, including any personal and/or business confidential information provided.

FOR FURTHER INFORMATION CONTACT:

John D. Thomas at [phone].

SUPPLEMENTARY INFORMATION:

GSA, the nation's largest public real estate organization, provides workspace for more than 1.2 million federal workers through its Public Buildings Service. Approximately half of the employees are housed in buildings owned by the federal government and half are located in over 8,100 separate leased properties (in over 8,500 leases), including buildings, land, antenna sites, etc. across the country. In order to respond to these specific FOIA requests, GSA has identified 48 data elements that may be found in the requested lease documents. Some of these data elements are exempt from disclosure pursuant to Exemption 4 of the Freedom of information Act (FOIA), 5 U.S.C. 552(b)(4).

The following table contains a description of these data fields and their exempt status:

FOIA Review of the CCR Data Fields

Data field	Exempt status	Public comments
(1) Lease Number	Not exempt under the FOIA
(2) Lease Award Date	Not exempt under the FOIA
(3) Leased Building Address (Including City State and Zip Code)	Not exempt under the FOIA
(4) Lease Effective Date	Not exempt under the FOIA
(5) Lease Expiration Date	Not exempt under the FOIA
(6) Length of Renewal Option Term(s)	Not exempt under the FOIA
(7) Renewal Option Rental Rate	Exempt—5 U.S.C. 522(b)(4)
(8) Information on Lease termination rights	Not exempt under the FOIA
(9) Operating Cost Rate (Including Itemized Components of Operating Costs, Such as Fuel Costs, Utilities, And Janitorial Costs)	Exempt—5 U.S.C. 522(b)(4)
(10) Lease Agreement Rentable Square Feet (Rsf)	Not exempt under the FOIA
(11) Lease Agreement ANSI/BOMA Office Area Square Feet (Aboasf)	Not exempt under the FOIA
(12) Lease Structured Parking Spaces	Not exempt under the FOIA
(13) Lease Surface Parking Spaces	Not exempt under the FOIA
(14) Percentage of Occupancy	Not exempt under the FOIA
(15) Annual Rent (Including Rent Structure for Term of Lease)	Not exempt under the FOIA
(16) Lessor Name	Not exempt under the FOIA
(17) Lessor Address (including City, State, and Postal Code)	Exempt—5 U.S.C. 552(b)(6)
(18) Lessor Phone	Exempt—5 U.S.C. 552(b)(6)
(19) Lessor Fax	Exempt—5 U.S.C. 552(b)(6)
(20) Lessor Email	Exempt—5 U.S.C. 552(b)(6)
(21) Name of Person Signing Lease	Not exempt under the FOIA
(22) Name of Person Witnessing Lease Signature	Not exempt under the FOIA
(23) Payee Name	Exempt—5 U.S.C. 552(b)(4)
(24) Payee Address (including City, State, and Postal Code)	Exempt—5 U.S.C. 552(b)(4)
(25) Payee Phone	Exempt—5 U.S.C. 552(b)(4)
(26) Payee Fax	Exempt—5 U.S.C. 552(b)(4)
(27) Payee Email	Exempt—5 U.S.C. 552(b)(4)
(28) Unit Price Schedule (Including Itemized Construction Costs for Tenant Buildout Items Such as Drywall Partitioning, Electrical Outlets, Doors, Carpeting, Locks, and Cabinets)	Exempt—5 U.S.C. 522(b)(4)
(29) HVAC Overtime Rate	Not exempt under the FOIA
(30) Corporate Resolution	Exempt—5 U.S.C. 552(b)(4)
(31) Partnership Agreement	Exempt—5 U.S.C. 552(b)(4)
(32) Adjustment for Vacant Premises Rate	Not exempt under the FOIA
(33) Legal Description of Building	Not exempt under the FOIA
(34) Normal Business Hours of Building	Not exempt under the FOIA
(35) Agency Name	Exempt—5 U.S.C. 552(b)(5) and (7)
(36) Floor Plan	Exempt—5 U.S.C. 552(b)(5) and (7)
(37) Identification of Building Floors Occupied	Not exempt under the FOIA
(38) Tax Payer Identification Number	Exempt—5 U.S.C. 552(b)(6)
(39) Social Security Number	Exempt—5 U.S.C. 552(b)(6)
(40) DUNS Number	Not exempt under the FOIA
(41) DUNS+4	Exempt—5 U.S.C. 552(b)(4)
(42) Financial Institution	Exempt—5 U.S.C. 552(b)(4)
(43) Account Number	Exempt—5 U.S.C. 552(b)(4)
(44) ABA Routing ID	Exempt—5 U.S.C. 552(b)(4)
(45) Automated Clearing House (ACH) Network U.S. Phone	Exempt—5 U.S.C. 552(b)(4)
(46) ACH Non-U.S. Phone	Exempt—5 U.S.C. 552(b)(4)
(47) ACH Fax	Exempt—5 U.S.C. 552(b)(4)
(48) ACH E-Mail	Exempt—5 U.S.C. 552(b)(4)

Dated: July 20, 2012.

John D. Thomas,

Director, Center for Lease Policy.