alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Key Points about 

EPA’s Quantitative Risk Analysis 

for the 2008 Ozone NAAQS

CASAC Ozone Reconsideration Panel 

Conference Call

February 18, 2011

Anne E. Smith, Ph.D.

Comments sponsored by API
1

Premise

• The Ozone Reconsideration must be based only on 

information that was in the record prior to the Final 

Rulemaking in 2008

• The following comments are based solely on information 

in that record.
Very Little of EPA’s Estimates of Risk Are Due to Ozone 

Exposures above 70 ppb (max 8-hour average)

2

# Deaths 

Attributable to 

Ozone Exposures

> 70 ppb (8-hr avg)

Percent of Total 

Mortality Incidence

Atlanta

0.6

(-2.6 , 3.7)

0.01%

(-0.03, 0.04%)

Cleveland

4.0

(-2.5 , 10.4)

0.03%

(-0.02, 0.07%)

Detroit

1.9

(-0.6 , 4.5)

0.01%

(-0.00, 0.02%)

Houston

1.5

(0.1 , 3.0)

0.02%

(0.00, 0.04%)

Los Angeles

0

(0 , 0)

0%

(0, 0%)

Sacramento

0.1

(-0.3 , 0.5)

0.00%

(-0.00, 0.01%)

St. Louis

0.4

(-0.8 , 1.6)

0.01%

(-0.02, 0.04%)

Mortality Risk Estimates for Exact Attainment of 74 ppb Alternative Standard(*) 

(for Average of 2002 and 2004 Data; 95% Confidence Intervals in Parentheses) 

(*) The 74 ppb Alternative Standard in EPA’s Risk Analysis is a close

approximation to the current ozone standard of 75 ppb

The other 93% of 

EPA’s risk 

estimates are 

due to exposures 

below 70 ppb, the 

vast majority 

below even 

60 ppb ...

where there is 

little confidence 

in the risk 

associations
92% to 100% of the Total Risk Disappears If PolicyRelevant Background Assumption is Varied over its 

Range of Uncertainty (for both Morbidity and Mortality)

3

# Deaths Using

Model-Based

PRB Assumption

# Deaths Using 

1997’s Monitorbased PRB 

Assumption

Change in 

Risk 

Estimate 

Atlanta 5.3 0.1 98% ↓

Cleveland 31.7 2.6 92% ↓

Detroit 30.2 0.7 98% ↓

Houston 17.8 0.7 96% ↓

Los Angeles 28.6 0.0 100% ↓

Sacramento 9.5 0.1 99% ↓

St. Louis 3.4 0.2 96% ↓

EPA’s decision to alter its PRB assumption 

-- NOT new concentration-response information –

is solely responsible for the larger quantitative morbidity and mortality 

risk estimates as compared to the prior (1997) ozone review

Sensitivity of Quantitative Risk Estimates to PRB Assumption at Exact Attainment 

of 74 ppb Alternative Standard (Average of 2002 and 2004 Air Quality Data) 
Even If Effects Occur Below 60 ppb, a Tighter Standard 

Is Unlikely to Reduce Those Effects as EPA Estimates, 

Because EPA Assumes Unlikely Reductions on Days 

with Already-Low Peak Ozone Levels

4

Even at 84 ppb NAAQS

60% of days have 8-hr max O3 

between 25 and 40 ppb, yet 

are assumed by EPA to 

experience significant further 

% reductions if standard is 

tightened further

(Detroit 2004 Ambient Monitor Data)
<PAGE>

                                                                Exhibit 10.6(a)

                                 AMENDMENT TO
                      LOAN AGREEMENT AND PROMISSORY NOTE

     This Amendment to Loan Agreement and Promissory Note (this "Amendment") is
made effective as of July 1, 2000, by and between Alvin N. Lubetkin ("Borrower")
and Oshman's Sporting Goods, Inc., of 2302 Maxwell Lane, Houston, Texas 77023
("Company").

WHEREAS, the Board of Directors of the Company has previously approved a loan by
the Company to Alvin Lubetkin in the original principal amount of $700,000,
payable without interest in installments, pursuant to the terms of a promissory
note (the "Note") and a loan agreement (the "Loan Agreement") each dated October
3, 1990; and

WHEREAS, in conjunction with Mr. Lubetkin's voluntary salary reduction in 1991,
the Board approved a modification to the Note and Loan Agreement restructuring
the payment schedule such that at the scheduled maturity of the Note in
September 2000, a lump sum balance would be due and payable; and

WHEREAS, the Board has now determined that it is fair and in the best interests
of the Company to permit payment of such lump sum on an installment basis;

NOW, THEREFORE, in consideration of the above premises, the receipt and adequacy
of which is hereby acknowledged by both parties, the Company and Borrower do
hereby agree as follows:

1.   The Note and Loan Agreement are hereby amended to provide for repayment of
     the balance outstanding thereunder as of July 1, 2000, in 82 equal bi-
     weekly installments of $2,768.00 each, plus the bi-weekly installment of
     the insurance premium payable pursuant to Section 3 of the Loan Agreement,
     which is currently $136.54.

2.   Except as expressly set forth above, the Agreement is hereby ratified and
     affirmed, and continued in full force and effect. This Amendment may be
     executed in counterparts, which taken together shall constitute one and the
     same original document.

The validity, interpretation and performance of this Agreement shall be governed
and construed in accordance with the laws of the State of Texas.

     IN WITNESS WHEREOF, the parties hereto have executed this Amendment to be
effective as of the date first above written.

OSHMAN'S SPORTING GOODS, INC.                   /s/ Alvin Lubetkin
                                                ----------------------
                                                    Alvin N. Lubetkin
By: /s/ Steven U. Rath
    --------------------------------            Date:    7/26/00
Printed Name: Steven U. Rath                         -----------------
             -----------------------
Title: Exec. Vice Pres.
       -----------------------------
Date: July 26, 2000
     -------------------------------
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                          26,428
<SECURITIES>                                    14,399
<RECEIVABLES>                                    2,747
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                44,312
<PP&E>                                          18,293
<DEPRECIATION>                                 (4,848)
<TOTAL-ASSETS>                                  58,053
<CURRENT-LIABILITIES>                           15,959
<BONDS>                                          8,303
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        99,245
<OTHER-SE>                                    (69,525)
<TOTAL-LIABILITY-AND-EQUITY>                    58,053
<SALES>                                              0
<TOTAL-REVENUES>                                12,154
<CGS>                                                0
<TOTAL-COSTS>                                   30,510
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 684
<INCOME-PRETAX>                               (17,553)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (17,553)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (17,553)
<EPS-BASIC>                                   (1.25)
<EPS-DILUTED>                                   (1.25)


</TABLE>
<PAGE>
 
                                                                      EXHIBIT 11

                               EARNINGS PER SHARE
<TABLE>
<CAPTION>
 
                                             THREE MONTHS    THREE MONTHS     NINE MONTHS      NINE MONTHS
                                                 ENDED           ENDED           ENDED            ENDED
                                             SEPTEMBER 30,   SEPTEMBER 30,   SEPTEMBER 30,    SEPTEMBER 30,
                                                 1995            1996            1995             1996
                                             -------------   -------------   -------------    -------------
<S>                                          <C>             <C>             <C>              <C>
Weighted average shares
 outstanding............................       2,141,250       2,141,250        2,141,250        2,141,250
Incremental effect of issuance of                                                                        
 Convertible Preferred Stock within                                                                      
 one year prior to an initial public                                                                     
 offering at a price below the                                                                           
 offering price (i.e. cheap stock)......         937,500         937,500          937,500          937,500
Incremental effect of issuance of                                                                        
 warrants and options within one                                                                         
 year prior to an initial public                                                                         
 offering with an exercise price                                                                         
 below the offering price (i.e. cheap                                                                    
 stock) based on the treasury stock                                                                      
 method using the offering price........       1,745,769       1,745,769        1,745,769        1,745,769
                                             -----------      ----------      -----------      -----------
                                               4,824,519       4,824,519        4,824,519        4,824,519
                                             ===========      ==========      ===========      ===========
Net loss attributable to common              
 stock..................................     $(1,306,092)     $ (590,697)     $(1,764,968)     $(2,297,698)
                                             ===========      ==========      ===========      ===========
Net loss per share......................     $     (0.27)     $    (0.12)     $     (0.37)     $     (0.48)
                                             ===========      ==========      ===========      ===========

</TABLE>
<TABLE> <S> <C>

<ARTICLE> 9
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                           7,975
<INT-BEARING-DEPOSITS>                           1,128
<FED-FUNDS-SOLD>                                 1,015
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                     45,238
<INVESTMENTS-CARRYING>                               0
<INVESTMENTS-MARKET>                                 0
<LOANS>                                         71,844
<ALLOWANCE>                                        973
<TOTAL-ASSETS>                                 130,907
<DEPOSITS>                                     111,531
<SHORT-TERM>                                     1,672
<LIABILITIES-OTHER>                              1,000
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         2,759
<OTHER-SE>                                      13,945
<TOTAL-LIABILITIES-AND-EQUITY>                 130,907
<INTEREST-LOAN>                                  4,796
<INTEREST-INVEST>                                2,320
<INTEREST-OTHER>                                   288
<INTEREST-TOTAL>                                 7,404
<INTEREST-DEPOSIT>                               3,129
<INTEREST-EXPENSE>                                  46
<INTEREST-INCOME-NET>                            4,229
<LOAN-LOSSES>                                        0
<SECURITIES-GAINS>                                  31
<EXPENSE-OTHER>                                  2,802
<INCOME-PRETAX>                                  1,881
<INCOME-PRE-EXTRAORDINARY>                       1,389
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,389
<EPS-PRIMARY>                                     1.40
<EPS-DILUTED>                                     1.38
<YIELD-ACTUAL>                                    4.55
<LOANS-NON>                                        292
<LOANS-PAST>                                        15
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                   957
<CHARGE-OFFS>                                       27
<RECOVERIES>                                        43
<ALLOWANCE-CLOSE>                                  973
<ALLOWANCE-DOMESTIC>                               611
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                            362


</TABLE>
|                 |   |      |   |           |   |             |
|----------------------|--------|-----------|--------|----------------|--------|------------------|
| Name                 |   | Votes For |   | Votes Withheld |   | Broker Non-Votes |
| Michael C. Rechin    |   | 9,631,269 |   | 797,194        |   | 4,454,598        |
| Charles E. Schalliol |   | 4,623,801 |   | 5,804,662      |   | 4,454,598        |
| Terry L. Walker      |   | 9,767,937 |   | 660,526        |   | 4,454,598        |

| 2.   | Approval of the Non-Binding Resolution to Approve Compensation of the Company’s Executive Officers: |
|----------------|-----------------------------------------------------------------------------------------------------------|

|       |   |          |   |            |   |
|------------|--------|---------------|--------|-----------------|--------|
| Votes For  |   | Votes Against |   | Votes Abstained |   |
| 13,008,583 |   | 1,749,960     |   | 127,518         |   |

|       |   |          |   |            |   |
|------------|--------|---------------|--------|-----------------|--------|
| Votes For  |   | Votes Against |   | Votes Abstained |   |
| 14,492,136 |   | 345,234       |   | 45,691          |   |

----
Exhibit 23.1

Consent of Independent Registered Public Accounting Firm

The
Board of Directors
NeighborCare, Inc.:

We
consent to the incorporation by reference in the registration statements on Form S-3 (No. 333-101004) and Form S-8
(No. 333-111068) of NeighborCare, Inc. of our report dated November 18, 2004, with respect to the consolidated balance sheets of NeighborCare, Inc. and
subsidiaries as of September 30, 2004 and 2003, the related consolidated statements of operations, shareholders' equity, and cash flows for each of the years in the three-year
period ended September 30, 2004, and the related financial statement schedule, which report appears in the September 30, 2004 annual report on Form 10-K of
NeighborCare, Inc.

/s/KPMG LLP

Baltimore,
Maryland
December 9, 2004

---



QuickLinks
#### GUINN v. CULVER et al.

No. 4687.

Court of Civil Appeals of Texas. Texarkana.

March 7, 1935.

Edward A. Brown and D. B. Chapin, both ■of LongvieVv, for appellant.

Wynne & Wynne, of Longview, for appel-.lees.

JOHNSON, Chief Justice.

This is an appeal from an order of the trial court granting, after notice, a temporary injunction restraining appellant from executing a judgment theretofore rendered in her favor in said court.

On October 4, 1932, appellant, Mrs. J. S. Guinn, as plaintiff, recovered a judgment in the district court of Gregg county, against L. E. Woodford, J. I-I. Culver, and Ben Culver, jointly and severally, for the sum of $1,200 and costs of suit. Execution was issued October 19, 1932, and placed in the hands of the sheriff. Before the execution was levied ap-pellees, J. H. Culver and Ben Culver, paid to Mrs. Guinn the sum of $1,000, which they allege was agreed by Mrs. Guinn to be accepted in full and complete satisfaction of the judgment. The $1,000' was credited on the judgment. Thereafterwards Mrs. Guinn caused to be issued an alias execution to collect the remaining $200 and $70 costs. Whereupon appellees J. H. Culver and Ben Cul-ver filed this petition against Mrs. Guinn, alleging the facts, in effect, as above stated, and praying for an order of the court restraining the execution of said judgment Appellant, Mrs. Guinn, filed and urged a general demurrer to appellees’ petition. The demurrer was overruled, and temporary injunction granted on appellees’ sworn petition.

 Appellant, by appropriate assignment of error, contends that the trial court erred in overruling her general demurrer. The petition does not allege any new consideration for the alleged promise of Mrs. Guinn to release the judgment, but in this respect the petition alleges only that she agreed to accept the $1,000 in satisfaction and release of the judgment. The $1,000 was not the full amount shown to be due by the judgment. That appellees were due to pay the sum of $1,200 and costs under the judgment is not disputed in the petition. We are of the opinion that appellant’s demurrer should have been sustained. “Payment of the part of a debt which is due and the amount of which is undisputed is not a sufficient consideration to-support a promise to accept the same in full payment of the debt.” Simmons Hdw. Co. v. Adams (Tex. Civ. App.) 147 S. W. 1196, 1197. The rule is held to be applicable to agreement to release judgment. Oviett (N. W. Fire & Marine Ins. Co.) v. Warner (Tex. Com. App.) 288 S. W. 434.

The judgment of the trial court will be reversed, and the injunction ordered vacated.
II 

115TH CONGRESS 

1ST SESSION S. 251 

To repeal the Independent Payment Advisory Board in order to ensure that 

it cannot be used to undermine the Medicare entitlement for beneficiaries. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 1, 2017 

Mr. WYDEN (for himself, Mr. HEINRICH, and Ms. STABENOW) introduced the 

following bill; which was read twice and referred to the Committee on Finance 

A BILL 

To repeal the Independent Payment Advisory Board in order 

to ensure that it cannot be used to undermine the Medicare entitlement for beneficiaries. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protecting Medicare 

5 from Executive Action Act of 2017’’. 

6 SEC. 2. REPEAL OF THE INDEPENDENT PAYMENT ADVI7 SORY BOARD. 

8 (a) REPEAL.—Section 1899A of the Social Security 

9 Act (42 U.S.C. 1395kkk) is repealed. 

10 (b) CONFORMING AMENDMENTS.— 


rfrederick on DSKBCBPHB2PROD with BILLS
2 

•S 251 IS

1 (1) LOBBYING COOLING-OFF PERIOD.—Para2 graph (3) of section 207(c) of title 18, United States 

3 Code, is repealed. 

4 (2) GAO STUDY AND REPORT.—Section 

5 3403(b) of the Patient Protection and Affordable 

6 Care Act (42 U.S.C. 1395kkk–1) is repealed. 

7 (3) MEDPAC REVIEW AND COMMENT.—Section 

8 1805(b) of the Social Security Act (42 U.S.C. 

9 1395b–6(b)) is amended— 

10 (A) by striking paragraph (4); 

11 (B) by redesignating paragraphs (5) 

12 through (8) as paragraphs (4) through (7), re13 spectively; and 

14 (C) by redesignating the paragraph (9) 

15 that was redesignated by section 3403(c)(1) of 

16 the Patient Protection and Affordable Care Act 

17 (Public Law 111–148) as paragraph (8). 

18 (4) NAME CHANGE.—Section 10320(b) of the 

19 Patient Protection and Affordable Care Act (Public 

20 Law 111–148) is repealed. 

21 (5) RULE OF CONSTRUCTION.—Section 

22 10320(c) of the Patient Protection and Affordable 

23 Care Act (Public Law 111–148) is repealed. 

Æ 


rfrederick on DSKBCBPHB2PROD with BILLS
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<RESTATED> 
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               JUN-30-1998
<CASH>                                           7,060
<SECURITIES>                                    54,449
<RECEIVABLES>                                   16,668
<ALLOWANCES>                                       421
<INVENTORY>                                          0
<CURRENT-ASSETS>                                81,444
<PP&E>                                          17,073
<DEPRECIATION>                                   7,927
<TOTAL-ASSETS>                                  91,899
<CURRENT-LIABILITIES>                           22,850
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        86,696
<OTHER-SE>                                    (17,647)
<TOTAL-LIABILITY-AND-EQUITY>                    91,899
<SALES>                                         38,082
<TOTAL-REVENUES>                                38,082
<CGS>                                            5,441
<TOTAL-COSTS>                                    5,441
<OTHER-EXPENSES>                                26,618
<LOSS-PROVISION>                                   241
<INTEREST-EXPENSE>                                  11
<INCOME-PRETAX>                                  7,213
<INCOME-TAX>                                     1,589
<INCOME-CONTINUING>                              5,624
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     5,624
<EPS-PRIMARY>                                     0.38
<EPS-DILUTED>                                     0.34
        

</TABLE>