Request for Information on National Strategic Overview for Quantum Information Science, 63685-63686 [2018-26754]
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Federal Register / Vol. 83, No. 237 / Tuesday, December 11, 2018 / Notices
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court ‘‘must accord deference to the
government’s predictions about the efficacy
of its remedies, and may not require that the
remedies perfectly match the alleged
violations.’’ SBC Commc’ns, 489 F. Supp. 2d
at 17; see also U.S. Airways, 38 F. Supp. 3d
at 74–75 (noting that a court should not reject
the proposed remedies because it believes
others are preferable and that room must be
made for the government to grant
concessions in the negotiation process for
settlements); Microsoft, 56 F.3d at 1461
(noting the need for courts to be ‘‘deferential
to the government’s predictions as to the
effect of the proposed remedies’’); United
States v. Archer-Daniels-Midland Co., 272 F.
Supp. 2d 1, 6 (D.D.C. 2003) (noting that the
court should grant ‘‘due respect to the
government’s prediction as to the effect of
proposed remedies, its perception of the
market structure, and its views of the nature
of the case’’). The ultimate question is
whether ‘‘the remedies [obtained in the
decree are] so inconsonant with the
allegations charged as to fall outside of the
‘reaches of the public interest.’’’ Microsoft, 56
F.3d at 1461. To meet this standard, the
United States ‘‘need only provide a factual
basis for concluding that the settlements are
reasonably adequate remedies for the alleged
harms.’’ SBC Commc’ns, 489 F. Supp. 2d at
17.
Moreover, a court’s role under the APPA is
limited to reviewing the remedy in
relationship to the violations that the United
States has alleged in its complaint, and does
not authorize a court to ‘‘construct [its] own
hypothetical case and then evaluate the
decree against that case.’’ Microsoft, 56 F.3d
at 1459; see also U.S. Airways, 38 F. Supp.
3d at 75 (noting that the court must simply
determine whether there is a factual
foundation for the government’s decisions
such that its conclusions regarding the
proposed settlements are reasonable).
Because the ‘‘court’s authority to review the
decree depends entirely on the government’s
exercising its prosecutorial discretion by
bringing a case in the first place,’’ it follows
that ‘‘the court is only authorized to review
the decree itself,’’ and not to ‘‘effectively
redraft the complaint’’ to inquire into other
matters that the United States did not pursue.
Microsoft, 56 F.3d at 1459–60. As the court
confirmed in SBC Communications, courts
‘‘cannot look beyond the complaint in
making the public interest determination
unless the complaint is drafted so narrowly
as to make a mockery of judicial power.’’ SBC
Commc’ns, 489 F. Supp. 2d at 15.
In its 2004 amendments,9 Congress made
clear its intent to preserve the practical
benefits of utilizing consent decrees in
antitrust enforcement, adding the
unambiguous instruction that ‘‘[n]othing in
this section shall be construed to require the
court to conduct an evidentiary hearing or to
9 The 2004 amendments substituted ‘‘shall’’ for
‘‘may’’ in directing relevant factors for a court to
consider and amended the list of factors to focus on
competitive considerations and to address
potentially ambiguous judgment terms. Compare 15
U.S.C. § 16(e) (2004), with 15 U.S.C. § 16(e)(1)
(2006); see also SBC Commc’ns, 489 F. Supp. 2d at
11 (concluding that the 2004 amendments ‘‘effected
minimal changes’’ to Tunney Act review).
VerDate Sep<11>2014
17:51 Dec 10, 2018
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require the court to permit anyone to
intervene.’’ 15 U.S.C. § 16(e)(2); see also U.S.
Airways, 38 F. Supp. 3d at 76 (indicating that
a court is not required to hold an evidentiary
hearing or to permit intervenors as part of its
review under the Tunney Act). This language
explicitly wrote into the statute what
Congress intended when it first enacted the
Tunney Act in 1974. As Senator Tunney
explained: ‘‘[t]he court is nowhere compelled
to go to trial or to engage in extended
proceedings which might have the effect of
vitiating the benefits of prompt and less
costly settlement through the consent decree
process.’’ 119 Cong. Rec. 24,598 (1973)
(statement of Sen. Tunney). Rather, the
procedure for the public interest
determination is left to the discretion of the
court, with the recognition that the court’s
‘‘scope of review remains sharply proscribed
by precedent and the nature of Tunney Act
proceedings.’’ SBC Commc’ns, 489 F. Supp.
2d at 11. A court can make its public interest
determination based on the competitive
impact statement and response to public
comments alone. U.S. Airways, 38 F. Supp.
3d at 76. See also United States v. Enova
Corp., 107 F. Supp. 2d 10, 17 (D.D.C. 2000)
(noting that the ‘‘Tunney Act expressly
allows the court to make its public interest
determination on the basis of the competitive
impact statement and response to comments
alone’’); S. Rep. No. 93–298 93d Cong., 1st
Sess., at 6 (1973) (‘‘Where the public interest
can be meaningfully evaluated simply on the
basis of briefs and oral arguments, that is the
approach that should be utilized.’’).
63685
Subcommittee on Quantum Information
Science (SCQIS) release of the ‘‘National
Strategic Overview for Quantum
Information Science’’ (hereafter
‘‘Strategic Overview’’) calls upon
agencies to develop plans to address six
key policy areas to enable continued
American leadership in quantum
information science. The National
Science Foundation (NSF), working
with the NSTC, is requesting
information from the research and
development community around
quantum information science (QIS) to
inform the subcommittee as the
Government develops potential means
of addressing specific policy
recommendations.
DATES: Interested persons are invited to
submit comments on or before 11:59
p.m. (ET) on January 25, 2019.
ADDRESSES: Comments submitted in
response to this notice may be sent by
either of the following methods:
• Email: nsfscqis@nsf.gov. Email
submissions should be machinereadable and not be copyright-protected.
Submissions should include ‘‘RFI
Response: National Strategic Overview
for Quantum Information Science’’ in
the subject line of the message.
• Direct input to the website: https://
www.nsfscqis.org
Instructions: Response to this RFI is
VIII. DETERMINATIVE DOCUMENTS
voluntary. Each individual or institution
There are no determinative materials or
is requested to submit only one
documents within the meaning of the APPA
response. Submissions must not exceed
that were considered by the United States in
the equivalent of one page for each
formulating the proposed Final Judgment.
question, or eight pages total, in 12
Respectfully submitted,
point or larger font, with a page number
Dated: December 4, 2018
provided on each page. Responses
FOR PLAINTIFF UNITED STATES OF
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AMERICA:
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lllllllllllllllllllll comment.
John R. Read
Responses to this RFI may be posted
Karl D. Knutsen
online as discussions proceed.
Natalie Melada
Therefore, we request that no business
Catherine R. Reilly
proprietary information, copyrighted
David Stolzfus
information, or personally identifiable
Paul Torzilli
information be submitted in response to
Antitrust Division, U.S. Department of
this RFI.
Justice, 450 Fifth Street NW, Suite 4100,
In accordance with FAR 15.202(3),
Washington, D.C. 20530, (p) 202/307.0468,
responses to this notice are not offers
John.Read@usdoj.gov.
[FR Doc. 2018–26755 Filed 12–10–18; 8:45 am]
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NATIONAL SCIENCE FOUNDATION
FOR FURTHER INFORMATION CONTACT: C.
Request for Information on National
Denise Caldwell at (703)-292–7371 or
Strategic Overview for Quantum
nsfscqis@nsf.gov. Individuals who use a
Information Science
telecommunications device for the deaf
(TDD) may call the Federal Information
AGENCY: National Science Foundation.
Relay Service (FIRS) at 1–800–877–8339
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SUMMARY: The National Science and
SUPPLEMENTARY INFORMATION: The
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National Science and Technology
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63686
Federal Register / Vol. 83, No. 237 / Tuesday, December 11, 2018 / Notices
Council’s Subcommittee on Quantum
Information Science ‘‘National Strategic
Overview for Quantum Information
Science’’ (hereafter ‘‘Strategic
Overview’’) was released in September
2018. This document calls upon
agencies to develop plans to address six
key policy areas to enable continued
American leadership in quantum
information science. On behalf of
Federal agencies the NSTC
Subcommittee on Quantum Information
Science seeks public input to inform the
subcommittee as the Government
develops potential means of addressing
the specific policy recommendations
included in the ‘‘Strategic Overview’’.
Responders are asked to answer one or
more of the following questions:
1. What specific actions could the US
Government take that would contribute
best to implementing the policy
recommendations in the Strategic
Overview? What challenges, not listed
in section 3, should also be taken into
account in implementation of the
Strategic Overview recommendations?
2. What are the scientific and
technological challenges that, with
substantial resources and focus over the
next ten years, will transform the QIS
research and development landscape?
3. Regarding industrial engagement,
what roles can the U.S. Government
play in enabling the innovation
ecosystem around QIS-related
technologies? Are there critical barriers
for industrial innovation in this space?
How can these barriers be addressed?
What role can the U.S. Government play
in mitigating early or premature
investment risks?
4. How can the U.S. Government
engage with academia and other
workforce development programs and
stakeholders to appropriately train and
maintain researchers in QIS while
expanding the size and scope of the
‘quantum-smart’ workforce?
5. What existing infrastructure should
be leveraged, and what new
infrastructure could be considered, to
foster future breakthroughs in QIS
research and development?
6. What other activities/partnerships
could the U.S. Government use to
engage with stakeholders to ensure
America’s prosperity and economic
growth through QIS research and
development?
7. How can the United States continue
to attract and retain the best domestic
and international talent and expertise in
QIS?
8. How can the United States ensure
that US researchers in QIS have access
to cutting-edge international
technologies, research facilities, and
knowledge?
VerDate Sep<11>2014
17:51 Dec 10, 2018
Jkt 247001
Reference: National Strategic
Overview for Quantum Information
Science, https://www.whitehouse.gov/
wp-content/uploads/2018/09/NationalStrategic-Overview-for-QuantumInformation-Science.pdf.
Submitted by the National Science
Foundation in support of the NSTC
Subcommittee on Quantum Information
Science on December 6, 2018.
Suzanne H. Plimpton,
Reports Clearance Officer, National Science
Foundation.
[FR Doc. 2018–26754 Filed 12–10–18; 8:45 am]
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Agencies
[Federal Register Volume 83, Number 237 (Tuesday, December 11, 2018)]
[Notices]
[Pages 63685-63686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26754]
=======================================================================
-----------------------------------------------------------------------
NATIONAL SCIENCE FOUNDATION
Request for Information on National Strategic Overview for
Quantum Information Science
AGENCY: National Science Foundation.
ACTION: Notice of request for information.
-----------------------------------------------------------------------
SUMMARY: The National Science and Technology Council (NSTC)
Subcommittee on Quantum Information Science (SCQIS) release of the
``National Strategic Overview for Quantum Information Science''
(hereafter ``Strategic Overview'') calls upon agencies to develop plans
to address six key policy areas to enable continued American leadership
in quantum information science. The National Science Foundation (NSF),
working with the NSTC, is requesting information from the research and
development community around quantum information science (QIS) to
inform the subcommittee as the Government develops potential means of
addressing specific policy recommendations.
DATES: Interested persons are invited to submit comments on or before
11:59 p.m. (ET) on January 25, 2019.
ADDRESSES: Comments submitted in response to this notice may be sent by
either of the following methods:
Email: [email protected]. Email submissions should be
machine-readable and not be copyright-protected. Submissions should
include ``RFI Response: National Strategic Overview for Quantum
Information Science'' in the subject line of the message.
Direct input to the website: https://www.nsfscqis.org
Instructions: Response to this RFI is voluntary. Each individual or
institution is requested to submit only one response. Submissions must
not exceed the equivalent of one page for each question, or eight pages
total, in 12 point or larger font, with a page number provided on each
page. Responses should include the name of the person(s) or
organization(s) filing the comment.
Responses to this RFI may be posted online as discussions proceed.
Therefore, we request that no business proprietary information,
copyrighted information, or personally identifiable information be
submitted in response to this RFI.
In accordance with FAR 15.202(3), responses to this notice are not
offers and cannot be accepted by the Government to form a binding
contract. Responders are solely responsible for all expenses associated
with responding to this RFI.
FOR FURTHER INFORMATION CONTACT: C. Denise Caldwell at (703)-292-7371
or [email protected]. Individuals who use a telecommunications device
for the deaf (TDD) may call the Federal Information Relay Service
(FIRS) at 1-800-877-8339 between 8 a.m. and 8 p.m., Eastern time,
Monday through Friday.
SUPPLEMENTARY INFORMATION: The National Science and Technology
[[Page 63686]]
Council's Subcommittee on Quantum Information Science ``National
Strategic Overview for Quantum Information Science'' (hereafter
``Strategic Overview'') was released in September 2018. This document
calls upon agencies to develop plans to address six key policy areas to
enable continued American leadership in quantum information science. On
behalf of Federal agencies the NSTC Subcommittee on Quantum Information
Science seeks public input to inform the subcommittee as the Government
develops potential means of addressing the specific policy
recommendations included in the ``Strategic Overview''. Responders are
asked to answer one or more of the following questions:
1. What specific actions could the US Government take that would
contribute best to implementing the policy recommendations in the
Strategic Overview? What challenges, not listed in section 3, should
also be taken into account in implementation of the Strategic Overview
recommendations?
2. What are the scientific and technological challenges that, with
substantial resources and focus over the next ten years, will transform
the QIS research and development landscape?
3. Regarding industrial engagement, what roles can the U.S.
Government play in enabling the innovation ecosystem around QIS-related
technologies? Are there critical barriers for industrial innovation in
this space? How can these barriers be addressed? What role can the U.S.
Government play in mitigating early or premature investment risks?
4. How can the U.S. Government engage with academia and other
workforce development programs and stakeholders to appropriately train
and maintain researchers in QIS while expanding the size and scope of
the `quantum-smart' workforce?
5. What existing infrastructure should be leveraged, and what new
infrastructure could be considered, to foster future breakthroughs in
QIS research and development?
6. What other activities/partnerships could the U.S. Government use
to engage with stakeholders to ensure America's prosperity and economic
growth through QIS research and development?
7. How can the United States continue to attract and retain the
best domestic and international talent and expertise in QIS?
8. How can the United States ensure that US researchers in QIS have
access to cutting-edge international technologies, research facilities,
and knowledge?
Reference: National Strategic Overview for Quantum Information
Science, https://www.whitehouse.gov/wp-content/uploads/2018/09/National-Strategic-Overview-for-Quantum-Information-Science.pdf.
Submitted by the National Science Foundation in support of the NSTC
Subcommittee on Quantum Information Science on December 6, 2018.
Suzanne H. Plimpton,
Reports Clearance Officer, National Science Foundation.
[FR Doc. 2018-26754 Filed 12-10-18; 8:45 am]
BILLING CODE 7555-01-P