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Contents The Official Publication of the Outdoor Amusement Business Association

Features

Gold Medal Names James Adam Browning as President Learning to Find Our Zen Place OABA Guidelines for the Care and Keeping of Performing and Exhibition Animals in the Mobile Amusement Business Industry

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June 2017

ASSOCIATION 4 FROM THE OABA CHAIR

17,19 SERVICES, BENEFITS & PROGRAMS

A Simple Smile... Thank You... Please Come Back To See Us...

Jammin’ Jamborees and Contribution Fund Drawing Winners

5 MEET YOUR NEW DIRECTOR Mary Johnson

6 ASSOCIATION BUZZ

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Exciting New Education and Training Initiatives

8 ON THE EARIE

State and Federal Legislation and Regulations

23 ARNOLD SAFETY CONSULTING Who’s Doing Your Truck Pre-checks?

Tom Powell reports on the industry’s shows, fairs, colorful show folks and amusing events.

17 PHOTO GALLERY The OABA catches members in action.

Facebook facebook.com/oabainfo

GOVERNMENT REGULATIONS 20 DOT REGULATORY NEWS

Twitter @oabainfo

CIRCUS MEMBERS 24 FROM THE CENTER RING Rodney Huey follows circuses around the country.

Instagram @oaba51

Read with Smartphone Bar Code Scanner

Our Mission: To promote the preservation and growth of the

outdoor amusement industry through leadership, advocacy and education.

All advertisements appearing in this ShowTime publication are paid by the advertiser and the OABA reserves the right to refuse any advertising. The ads are provided on an “as is” basis and do not necessarily carry the endorsement of the OABA. In addition, the OABA does not guarantee, warrant, or endorse the information, products, or services of any corporation, organization, or person contributing to this publication.

ShowTime PUBLISHER|MANAGING EDITOR Robert Johnson 407.681.9444 H bobj@oaba.org EDITOR Dee Dee Alford 407.681.9444 H deedeea@oaba.org GRAPHIC DESIGN Avic-Versi Creative Jen Burge H 817.602.7254 H avicversi@att.net ADVERTISING SALES Dee Dee Alford 407.681.9444 H deedeea@oaba.org ASSOCIATION OFFICE Outdoor Amusement Business Assn., Inc. 1035 S. Semoran Blvd., Suite 1045A Winter Park, FL 32792 407.681.9444 H fax 407.681.9445 © Outdoor Amusement Business Assn. 2017

OABA OFFICERS

OABA TRUSTEES

CHAIR E. J. Dean 1ST VICE CHAIR Jay Strates 2ND VICE CHAIR Larry Yaffe 3RD VICE CHAIR Debbie Powers TRUSTEE 2016 Thomas J. Gaylin, III TRUSTEE 2015 Michael Wood TRUSTEE 2014 Chris Lopez TREASURER Mitchell Kaliff PRESIDENT Bob Johnson

OABA DIRECTORS Michael Brajevich Steven Broetsky Doug Burtch Tony Cassata Brad Dallman Andy Deggeller Michael Doolan Blake Huston Stacey Jamieson

Marc Janas Mary Johnson Michael Lauther Charlene Leavitt Ron Morris Lance Moyer Ben Pickett Rick Reithoffer Lorelei Schoendienst

Patrick Sheridan Scott Siefker Mary Chris Smith Greg Stewart Holly Swartz Rob Vivona

Mike Featherston-2013 Jeanne McDonagh-2012 Bill Johnson-2011 Dominic Vivona, Jr.-2010 Wayne McCary-2009 Andy Schoendienst-2008 John Hanschen-2007 Guy Leavitt-2006 Ron Burback-2005 Don Deggeller-2004 James E. Strates-2003 * Jackie Swika-2002 Danny Huston-2001 Jeff Blomsness-2000 Sam Johnston-1999 Buddy Merten-1998 * Richard Janas-1997 Jean Clair-1996 James Murphy-1995 Dominic Vivona-1994 * Bill Dillard, Sr.-1993 Tom Atkins-1992 * Red Wood-1991 * Deceased

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* Billy Burr-1990 Bob Coleman, Sr.-1989 * Milt F. Kaufman-1988 * Andy Andersen-1987 * John Vivona-1986 * Mike Farino-1985 James H. Drew, III-1984 Gerald L. Murphy-1983 * John A. Campi-1982 * Buster L. Brown-1981 * Hub Luehrs-1980 * Lloyd J. Hilligoss-1979 * Hal F. Eifort-1978 * Alfred H. Kunz-1977 * P.E. Reithoffer, Jr.-1976 * Bernard P. Thomas-1975 E. James Strates-1974 * Rod Link-1973 * C.J. Sedlmayr-1972 * John Portemont-1971 * William T. Collins-1966-70 * W.G. Wade-1965

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ASSOCIATION H MESSAGE FROM THE OABA CHAIR

A Simple Smile... Thank You... Please Come Back To See Us... E. J. Dean, OABA Chair 2017

W

e are in the business of “creating” wholesome family entertainment. Our employees do not need to be Rhodes Scholars — we just need to provide them with the proper tools to perform the basic tasks. Our industry can never have enough resources at their disposal when it comes to training our employees. Ride qualification programs, safety meetings, safety seminars — having a strong commitment from the top to your employee training program is paramount to being successful. For these past few months, OABA Directors Rob Vivona and Marc Janas, co-chairs of the OABA Education Committee, have been working to develop an online training program for the mobile amusement industry. Whether you own rides, games or food concessions, there will be classes tailored to your needs. The OABA “Virtual Learning Center” is being designed to give owners the tools needed to help their employees. We have spoken with many safety leaders across our industry to create the best product possible. With cooperation from a variety of national entities, many of the classes being developed can be used towards your continuing education credits (CEU’s). We are hopeful that with the OABA’s new flexibility in learning program, it will entice more people to participate in these national certification training programs. The first phase of classes being generated are designed for our front-line staff — the same people that do 99 percent of our patron interaction. No matter how many rides and

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attractions or what amenities we present on the midway, without a positive and proficient staff, all those efforts can erode instantaneously. The ability to train our employees with clear, concise and consistent information will only make us better. And because the classroom is virtual, everyone will have the ability to learn based on their personal availability. Some of the many classes that are being looked at include: H Ride Inspection Procedures H Ride Operating Procedures H Proper Food Handling H Customer Service / Interaction H Forklift Operating Each class will be available in English and Spanish and be approximately 20–30 minutes long, followed by a brief test to ensure that the employee understands and retains the curriculum. Employers will be able to recognize employee achievements through individual certificates. All employee records will be stored virtually and easily accessible to employers. By creating these standards in front-line training, we also allow ourselves the ability to strengthen our Circle of Excellence program criteria, giving this program an even greater desirability. I’m excited to see this materializing and look forward to this new OABA member benefit. Should you have any questions, please contact me at (978) 375-2541. H

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ASSOCIATION H ASSOCIATION BUZZ

Exciting New Education and Training Initiatives Bob Johnson, OABA President

O To promote the preserva ur Mission: ti amusement industry thr on and growth of the outdoor ough leader ship, advocacy and education

P

erhaps one of the most exciting education and training initiatives for the mobile amusement industry was discussed last month at the OABA’s spring board meeting in Boston. Directors Marc Janas and Rob Vivona showed your board members how self-paced, virtual learning software can help many shows raise the bar with their employee education. In fact, E.J. Dean has discussed this in his Chair’s Message and Marc Janas in his article; check them out. This initiative will be rolled out this summer and will be one the best tools for shows, independent ride owners, food/game concession owners and others operating at fairs, festivals and community events across America and Canada. This self-paced, online training will be accessible and electronic based via smart phones, tablets or computers, in both English and Spanish. Plus, there will be tests at the end of each education module for documentation in employees’ files. We know that most people in this industry rely on handson, on-the-job training of supervisors and staff, but you also realize that there are several outstanding training and certification programs offered by AIMS, NAARSO, the Northwest Showmen’s Safety Seminar, as well as the State of Pennsylvania. Last month’s ShowTime featured the NWSC Safety Seminar and training, which I believe is one of best, low-cost training programs for first-line employees in our industry. Thanks again

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to Beverly Burback with Funtastic Shows in Portand, Oregon and the team of volunteers who have industry-recognized training skills that she and others assemble to offer an outstanding annual seminar. Hiring, training and retaining a reliable workforce is a challenge for all businesses. However, this industry’s seasonal business, mobility of its workforce, and working during the evenings, weekends and on holidays has always made it more challenging for the mobile amusement industry. And, today we have many seasonal guest workers from other countries that need basic guest relations and job skills training. Lastly, we were extremely pleased last month when Congress approved adding additional H-2B visa, seasonal guest workers to complement your American workforce, in the Continuing Resolution to fund the government signed by the President. About a third of this industry’s small businesses who relied on this supplemental labor program were “capped out” or excluded with the mandated 66,000 max visas. Now the Secretary of Homeland Security, along with the Secretary of Labor, will allow additional H-2B visa employees into this country, with language our lobbyists, the greater H-2B coalition members and your OABA board members lobbied very hard to get, along with many of you who helped contact your senators and representatives to provide additional season help. H

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ASSOCIATION H ON THE EARIE

On The Earie Tom Powell, OABA News Ambassador

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wo carnivals in different parts of the country are off to fast starts, and their owners are optimistic that the trend will continue and this could result in one of the best seasons in years. Tim and Pam Casper own PBJ Happee Days Shows of Marion, AR, and more and more are turning responsibility for the show over to their son, Cody. Dave and Debbie Helm own Helm & Sons of Colton, CA, and have already made their son, Dave Jr., chief executive officer. “Our youngest son, Jason, is working in the shop with me and I couldn’t be happier,” said Helm Sr. Debbie is the daughter of Larry and JoAnne Davis. Pam Casper said, “Cody wants to take over right now. The carnival is all he cares about.” New to Helm’s route this year is the Mid-State Fair, Paso Robles, CA, July 19–30. “We signed a three-year contract, with two more one-year options for both parties,” said Helm. Asked how that fit into his route, Helm said it was great. He gave up Santa Rosa (Sonoma County Fair, August 3–13), where he had to travel 250 miles. “We get to play on the independent midway at the Ventura County fair (August 2–13).” Butler now has Sonoma. Helm said the grosses are similar at both fairs but he went from working three weeks to two, allowing him to cut his payroll by 33 percent. Helm’s brother-in-law, Tom Davis, previously played Paso Robles. The season began with a record run at the California Mid-Winter Fair and Fiesta, Imperial in March, followed by a very good run at the Colorado River Fair, Blythe. All dates are in California, except for the Electric Daisy Carnival (EDC) at the Las Vegas Speedway, and El Monte, a 500-acre park in Las Vegas where the show set up over Easter and again in the fall. “We’ve done that the last 30 years, and they get 10,000 to 12,000 people a day.” Helm said he has played the EDC for the last 18 years. It used to be in Los Angeles, but moved to Las Vegas because of less strict regulations relating to crowd behavior. The carnival sets up between 12 and 14 pieces there. “It

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started off as a one day thing, then went to Friday, Saturday and Sunday.” It’s June 16–18 this year. Billed as one of the biggest electronic music festivals in the world, there is talk about it going from one to two or three weekends. “It goes from 7 AM to 7 PM. It’s killing my guys,” said Helm. As I was speaking to Helm, he paid a visit to Tony Guadagno, midway coordinator for the San Diego County Fair, Del Mar, which is June 2–July 4 this year. Tim Fennell is the fair’s CEO and general manager. Attendance last year was a record 1,609,481. Guadagno got on the phone to say hello and pointed out that Helm & Sons and Ray Cammack Shows provide most of the rides, games and food for the event. Helm & Sons booked 20 rides. Colleen Helm, Dave Jr.’s wife, had her Colleen’s Candies, and Davey Helm booked a basketball game. Helm is bullish on the carnival business. “Cranes are everywhere, buildings are going up like crazy, and construction is flourishing. People are working and those service people are our customers.” Helm said he bought a second Giant Wheel this year from Tom Davis. Remaining dates include the 126th annual Santa Barbara County Fair, Santa Maria, July 12–16; Napa Town and Country Fair, August 9–13; Monterey County Fair, August 31–September 4, and Tulare County Fair, September 13–17. As an example of how well fairs in California are doing, an April 20 press release stated that the Fairs & Expositions Branch of the California Department of Food & Agriculture released its annual reports detailing the impact of California fairs on local economies. Data from 2015 shows that the Paso Robles Event Center and California MidState Fair, Helm’s latest signee, generated $79,196,000 spending activity alone, benefiting the local economy and creating a ripple effect of economic benefits for the state. The equivalent of 629 jobs were created and the labor income generated

by these additional jobs was approximately $22,623,000 — quite impressive. Asked if there were any changes to his route, Tim Casper, facetiously stated, “Yeah, we lost the Arkansas State Fair.” Technically, the Caspers, along with Luehrs’ Ideal Rides and several others, had booked in Little Rock with Deggeller Attractions which had held the contract. “NAME (North American Midway Entertainment) is in there now and they have so many of their own rides they don’t need to book anybody. We used to play some spots with them.” Pam pointed out that PBJ Happee Days Shows had booked at the Illinois State Fair with NAME for 20 years. PBJ (for Pam, her late mother, Barbara, and late sister, Jane) book with Kevin and Deborah Wilson’s Wilson’s Family Shows at a turkey festival in Tremont, IL scheduled for June 9–11 this year, and Good Neighbor Days in Washington, IL May 31–June 4. They work the Champagne County Fair, Urbana, IL, with Richard Tinsley Amusements July 21–29, and the Northeast Arkansas District Fair, Jonesboro, and other Arkansas spots with Archway Amusements. “We also play the Wilson County Fair, Lebanon, TN and Coastal Carolina Fair, Ladson, SC with Amusements of America. Last year Cody went to Charleston with our Moby Dick, Nemesis 360, and a couple kiddie rides,” said Pam. “We also did the Agri-Center in Memphis with Rob Vivona, and they’ve asked us to play more but we don’t have the time.” The show purchased three new rides that haven’t been delivered yet. Two are from Kolmax — a Dumbo and a Tea Cup — plus a Majestic Spinning Coaster. The show has taken delivery of a Cliff Hanger from Albert Frieden of Battech, and a Techno Park 22 meter high Gondola Wheel with plexi-glass seats that was purchased this year at the Gibsonton trade show from Carlo Guglielmi of Ital International, who served as the broker. As we spoke at press time Pam said, “We’re playing a fund raiser now for the local school

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Enjoying the trade show in Gibsonton, FL are John Juliano, left, director of special events at Eastern States Exposition (Big E), West Springfield, and Gene Cassidy, president and CEO.

Food concessionaires, from left, all involved with NICA, are Bob Hallifax and Etta and Mike Pence. Hallifax and Mike Pence are both past presidents of that organization.

Mike and Lisa Schantz of Schantz Manufacturing, Highland, IL, Phil Tomber, right, is president and owner of Rio are longtime exhibitors at both Syrup, St. Louis. With him at their booth during the NICA and Gibtown trade the NICA trade show is his son, Billy. shows. Schantz manufactures custom trailers.

Seen in Gibtown are longtime friends Richie Wright, Sarasota, FL, one of the original Butcher Boys, with Dave Higginbottom, Chesapeake Concessions, Baltimore. Todd and Scott Kunz of Galaxy Amusement Sales, Brandon, FL, were busy at their booth in Gibtown. The Kunz’s father is Wayne of North American Midway Entertainment. and the wheel is set up for the first time. We’ll also have it up at our next date, a spring festival in South Haven, MS.” Pam said the ride doesn’t look like much in the daytime, but when she saw it at night with all the lights it was spectacular. The show had requested 30 foreign workers through the H-2B visa program this year, but like many in the business they have none so far. Talking about getting local help, Tim said, “It takes a special breed for this type of work, kind of like being in the service. You either like it or you don’t. We’re resilient and do whatever it takes. We’ve faced insurance problems, more concerning diesel fuel, and a lot of others. We always figure it out.” Asked if he was optimistic about the season, Tim said, “My banker says I better have a good year to pay for all those rides.” Pam laughed when she talked about Cody booking some of the show’s spectacular rides as an independent in the past, “He’d say when he goes on another show they don’t treat him like a kid. Then he’ll say he’s not making enough money. He loves to go to Gibtown and wouldn’t miss it. That’s the way we feel, as well. We love this business.” So do I! Please send news to tomp@oaba.org, or call 615-319-1258. Have all great days, and God Bless! H

Independent ride operator Jeff Brady, left, tours the trade show in Gibsonton with Alex Arnold, center, and Tom Arnold, Arnold Amusements.

Richard Tinsley of Tinsley Amusements, High Hill, MO, relaxes in front of Dave Williams, left, and Kenneth Bender, during the trade show in Gibsonton.

From left are Daniel Bianco; Trampas Porter, son of Ron and Laura Porter of Fare Foods; Ray Bianco, Daniel’s dad; and Jim Swain, who specializes in selling exotic pizza. A food concessionaire himself, Ray Bianco runs two fairs in South Carolina. He has been in the business for 40 years.

Veteran sideshow operator and impresario Ward Hall, an OABA Hall of Fame member, regales Gary Magyoran of North American Midway Entertainment with his many stories.

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H FEATURES

GOLD MEDAL NAMES

James Adam Browning AS PRESIDENT

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old Medal Products Co., the world’s leading manufacturer and distributor of concession food equipment and supplies, is pleased to announce James Adam Browning has been appointed to the office of President. Browning joined Gold Medal in 2010 and most recently served in the dual role of Executive Vice President and General Counsel. His guidance has been integral to not only legal and compliance issues, but also to implementing policies and procedures that contribute to operational efficiencies, productivity and profitability. Above all else, Browning says he is most proud of the relationships he has built, both within the company and with Gold Medal customers. “This is a relationship business. I will continue to focus on customer service and building strong relationships with our customers and within the industry.” Browning enters the role with an eye on the company’s continuing performance and growth. He states, “This is a pivotal time in Gold Medal’s history. We are fortunate to have an extremely talented and dedicated team. It is exciting to consider all of the opportunities before us, as what we do right now will lay the foundation for celebrating our 100th year in business.” CEO and Chairman Dan Kroeger offers his enthusiastic endorsement saying, “Adam has demonstrated outstanding leadership during his time at Gold Medal. His knowledge, experience and work ethic will be of great benefit to guide our company’s journey into the future of the concessions industry.”

ABOUT GOLD MEDAL: Gold Medal is the global leader for concession equipment and supplies including: popcorn, cotton candy, Sno-Kones®, gourmet popcorn, fudge, nachos, funnel cakes and more. The privately-held, family-run company began in 1931 and now employs more than 500 people across 14 locations, including its manufacturing headquarters in Cincinnati, OH, with a worldwide distribution network. Count on Gold Medal to deliver snacks, smiles & success! H

Puppy Roll Faribault, MN

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H FEATURES

OABA Guidelines for

Care and Keeping of Performing and Exhibition Animals The

in the Mobile Amusement Business Industry (Rev March 2017)

Introduction

The Outdoor Amusement Business Association (“OABA”) believes

that performing and exhibition animals are an integral part of the circus, fair, and zoo experience. Animal attractions and demonstrations provide an opportunity to both educate and entertain while imparting to our patrons the value of the human/animal bond, an appreciation for animals in agriculture, and the importance of species conservation. The care and handling of performing and exhibition animals is a responsibility that should not be taken lightly and one that requires a great deal of commitment and experience. These guidelines reflect the combined expertise of OABA’s members and incorporate by reference the most current best practices available for the care, housing, transport and handling of exotic and performing animals in the public display and mobile exhibition community. These guidelines are consistent with, but not limited to, the rules and regulations set forth by federal, state and local authorities, including the federal Animal Welfare Act as administered by the U.S. Department of Agriculture, under which all animal exhibitors must be licensed and subject to regular unannounced inspections. Members of the OABA are expected to abide by all federal, state, and local laws governing the care, housing and handling of their animals. OABA members are expected to be knowledgeable of all regulatory requirements and to exceed these requirements whenever feasible or in the best interests of the animals. OABA members are further encouraged to work with regulatory authorities to improve animal welfare laws and to cooperate with inspectors in a respectful and professional manner.

H In good physical condition; H Given ample opportunity for rest and time off exhibit; H Exercised regularly as appropriate for the age, species and surroundings;

H Of suitable temperament and physical condition for the type of exhibition (supervised interaction, rides, performing);

H Well-trained and responsive to trainers and handlers; H Housed in a secure location, to include adequate barriers between the animals and the public, as appropriate;

H Provided nutritious food and fresh water on a regular basis as deemed appropriate for each species and consistent with any special dietary requirements recommended by the attending veterinarian;

H Regularly checked by veterinarians as appropriate for the species and the individual animal.

Housing

Housing must be in compliance with all USDA regulations

under the Animal Welfare Act, as well as all state and local regulatory requirements. In addition, all animals, whether traveling or at home, should be provided with:

H Durable housing suitable to each species’ needs and social structure, allowing for normal postural adjustments (stretching, standing, turning, lying down), and grooming and feeding.

H A secure environment free from predators or other environmental threats.

H Shelter from the elements, including shade structures, wind-

OABA recognizes that due to the diversity of animal exhibits,

breaks or heated structures when necessary and as appropriate.

species and performances, as well as the limitations imposed

H Clean bedding, forage and enrichment as appropriate to the

by travel and venue, there is no one approach that will work for every exhibitor. As a result, these guidelines are intended as a template upon which each member will design their own animal care program to include each of the elements set forth, tailored

species.

H Provisions for drainage and waste disposal. H Opportunity to exercise as appropriate to the species and the individual animal’s needs and/or limitations.

to each exhibitor’s unique situation. The OABA may, from time to time, revise, withdraw, or add to

Exhibitors, producers, sponsors and contractors will mutu-

these guidelines; comments or suggestions to improve the guide-

ally ensure that venues provide adequate and suitable space at

lines are welcome at any time. In addition, the OABA provides

the venue for animal housing.

these guidelines as a courtesy to its members, but the OABA nei-

Location of the animal compounds should always take prece-

ther acts as an enforcement body nor accepts any liability.

dence in setting up the exhibit area to include access to fresh,

Animal Care & Husbandry

potable water, access to dumpster or alternate form of waste

Exhibit and performing animals should be:

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removal, adequate lighting and security and shelter from extreme weather.

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Transport

Interstate transport of animals is subject to certain rules un-

der the federal Animal Welfare Act. In addition, for intrastate travel, some local rules may apply. It is the exhibitor’s responsibility to be familiar with all rules pertaining to the transport and care of their animals while on the road, whether transport is by rail, truck, or custom container, as well as to ensure that:

H All equipment is safe and well-maintained, and meets or exceeds recognized professional standards for animal transport. It is essential that trailers and enclosures be in accordance with USDA and Department of Transportation (DOT) regulations when and where appropriate and required.

H Transports should be well ventilated, provide easy access to animals, and cleaned at regular intervals.

H With respect to animal attractions, a coordinated effort should be made by sponsors, producers and animal owners to create itineraries that allow for safe and reasonable limits of transport to move from one engagement to the next. Exhibitors should build in time for rest and food and water stops as appropriate.

H Exhibitors should be familiar with primary and alternate routes to allow for weather, traffic and detours. Contingency plans should identify suitable overnight accommodations in case an unexpected travel delay occurs.

H During transport, both the driver and animal handler accompanying the driver should be familiar with the requirements of transporting live animals, including providing appropriate care en route and knowledge of loading and offloading live animals. USDA/APHIS Animal Care also requires that circuses, petting zoos, and animal acts with an established route should notify the agency in advance of departing their home facility and update travel information as needed.

Training

Whether an animal is on display in a zoo or animal park, or trav-

eling as part of an exhibit, circus or fair, proper training is vital to an animal’s healthy development and disposition. Training is not only essential for the safety and well being of the animal, the handler, and the public, but also to ensure that an animal is comfortable and

TOOLS: OABA supports the use of generally accepted tools in the training and management of all animals. Training is an important aspect of animal management and husbandry and often requires the appropriate use of certain tools that act as guides and provide cues to the animal. While much attention has been paid to the tools used in animal training, it is important to understand their purpose and appropriate use and ensure that all animal keepers are trained in the proper application of each tool. OABA will not tolerate unacceptable or abusive training methods or the improper use of any animal training tools. For elephants in particular, OABA supports the following industry guidelines and best practices:

H The Elephant Managers Association’s Standard Guidelines for Elephant Management (https://elephantmanagers. com/uploads/ema_standard_guidelines_for_elephant_ management_-_updated.pdf. )

H The Elephant Husbandry Resource Guide (EHRG) developed by the International Elephant Foundation (www.elephantconservation.org)

Veterinary Care and Wellness

Under the federal Animal Welfare Act, the USDA Animal and

Plant Health Inspection Service (APHIS) requires that each exhibitor have a Program of Veterinary Care (PVC) in place for each exhibited animal. These plans must be kept on site, updated and available for visual inspection by USDA/APHIS inspectors, and in some states, by state or local inspectors as well. In addition to a primary veterinarian, each exhibitor should have a local veterinarian on call in each venue while on the road. The local veterinarian should have experience in large animal medicine or experience compatible with the animal collection on exhibit. Medical records and health certificates (where required) should be kept up to date and available for inspection. It is the responsibility of the exhibitor to ensure that all animals are provided regular veterinary checkups.

Supervised Contact - Animal Rides and other Supervised Interactive Displays

Animal rides (horses, ponies, camels, elephants, etc.) have

cooperative during normal husbandry and veterinary examinations.

historically been an integral part of the circus and fair experi-

A successful training program builds trust between the handler and

ence. Animal rides are an important interactive and educational

the animal and results in consistent and predictable behaviors.

experience for the public, and they also provide physical and

Basic training relies on classical and operant conditioning

mental stimulation for the animals.

techniques. These methods place an emphasis on repetition

Rides continue to be a safe and popular pastime at many

and consistency to elicit certain behaviors on command. Guide

circuses and fairs and are considered by insurers to be a low

tools and targets are often used to provide cues and direction,

risk activity.

as well as to correct unwanted behaviors which may pose safety risks for other animals or people.

With regard to animal rides in general, the following OABA guidelines represent industry best practices:

Training requires patience and an understanding of an ani-

H Ride animals should be in good physical condition and have

mal’s abilities, behaviors and motivations. In addition, each ani-

a temperament well suited to public interaction. There should

mal’s disposition, aptitude, and cognitive ability are considered throughout the training process.

be no history of aggressive or unpredictable behavior.

H The appropriate passenger load weight should be determined

A trainer’s effectiveness is based on trust and a personal re-

for each individual animal based on size, age, physical condi-

lationship, or bond, established with the animal. Animal train-

tion and the load limitations of any special equipment (such

ing should only be conducted by those knowledgeable and experienced in generally accepted training methods. All training should be conducted in a safe and nurturing environment with consideration of the animals’ needs.

as a howdah or saddle).

H Ride animals should be provided regular periods of rest and access to food, water and shelter as appropriate.

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considered when providing public interactives.

H With regard to elephant rides, there should be a minimum staffing of one handler per elephant and an additional staffer responsible for loading and offloading riders, taking tickets, operating photos and other non-animal related handling activities.

H Appropriate safety barriers should be in place to prevent unsupervised or unwanted contact between animals and members of the public. Exhibitors should confirm local regulations regarding perimeter fencing and other barriers, specific to the particular city or fairground requirements.

H Regular inspections should be conducted to ensure the safety and durability of the equipment used (ex saddles, howdahs, loading stairs and fences). The OABA recommends that members review the elephant ride requirements set forth in regulations for the state of Florida and the

Qualifications for Animal Handlers and Trainers

OABA recognizes that there are many ways to gain experience

in the handling and training of performing and exotic animals. In many instances the knowledge is handed down from generation to generation in the same family. In other instances, an individual may begin their career as a groom or apprentice and develop further experience and qualifications “on the job.” Others may come from other animal industries or from more formal veterinary or animal behaviorist or husbandry backgrounds. What is agreed is that working with animals requires expertise, patience and a willingness to adapt to changing circumstances. With that in mind, the OABA believes it is the responsibility of each exhibitor to develop a set of qualifications and performance standards that are compatible with the types of animals, activities, and transport and management style of the operation. These

state of New Jersey as models for a well-run ride or supervised con-

qualifications should include job descriptions for the various

tact operation. In addition, members are advised to check for local

roles of all individuals and a means by which job performance is

rules that may apply in each jurisdiction. Local Police Departments

regularly evaluated and tracked. It should also include a process

and/or Animal Control Departments can provide specific ordinance

by which complaints can be handled confidentially and disciplin-

and permit information for animal rides in their jurisdiction.

ary action imposed for failure to abide by the rules, both those of

Contingency Plans

the exhibitor and those required by law.

USDA policy requires that all traveling exhibitors maintain

tices and job descriptions and to seek opportunities to review

a contingency plan. In addition, many state and local jurisdic-

procedures, enhance training opportunities and maintain up to

tions require additional safety contingency plans for perma-

date information for their staff on all rules and regulations gov-

nent facilities and traveling operations. For example, the state

OABA encourages exhibitors to continually review their prac-

erning the care, handling, transport and housing of performing

of Florida requires elephant ride license applicants to provide

and exhibit animals.

documentation of safeguards to insure public safety, including

Animal Retirement and Commitment to Lifelong Care

an emergency plan that specifies what to do in case of elephant incidents, and tranquilization and/or firearms information. It is the exhibitor’s responsibility to maintain an up-to-date

Performing and exhibit animals, due in part to their active

contingency plan to ensure the safety of the animals and han-

lifestyles and social enrichment, have some of the longest life

dlers at all times. Contingency plans should include federal and

spans of captive animals. Accordingly, OABA believes that mem-

local requirements in addition to addressing any special needs

bers should prepare and provide for appropriate care when the

specific to your animals and exhibits.

animal is retired from performance or travel.

OABA recommends that a written contingency plan be draft-

When considering a retirement facility, members should pro-

ed and kept with your animal care records at all times. An addi-

vide adequate funds for the animal’s care for the remainder of

tional copy should be maintained by your home office. The plan

its life. OABA also recommends that traveling exhibitors con-

should be reviewed regularly and updated as needed.

sider adding retirement facilities as they design and build their

Plans should include and address situations such as: natural disasters, acts of eco-terrorism, harassment of animals, fire, animal escape, and emergency medical issues. Staff should be familiar with the contingency plans and trained to respond as directed. Ongoing staff training should be conducted to ensure safe and proper use of equipment, methods of restraint, evacuation, and security measures. The plan may be reviewed on site by appropriate authorities upon request. However, exhibitors should exercise caution when submitting written plans to authorities and remove any information that may be sensitive for security reasons, as these plans may become public information. In the interest of safety and privacy, personal contact information for animal personnel (for example, home addresses) should be removed before written plans are released to the public.

permanent home base, so that there is flexibility for the retirement or long or short term care of any animal in the collection. Retired animals on display or housed at your permanent facilities may still be subject to the USDA’s requirements under the Animal Welfare Act, as well as any local zoning and other regulations. When considering outside retirement facilities, members should keep in mind that some facilities may inappropriately exploit retired exhibition animals as fundraising tools for promoting an extreme animal rights agenda that seeks to end the use of performing or exhibit animals. The OABA can provide guidance and recommendations on suitable facilities which provide quality care and also support OABA’s mission to promote the partnership between animals and humans at fairs, circuses, and other traveling exhibits.

Conservation and Education

Circus, fairs and other traveling exhibitors play an important

and unique role in helping educate the public about animal care

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and conservation of species. Many of the species that circuses

Exhibitors must be able to identify state and local animal

care for and display are recognized as threatened or endangered

control authorities with the authority to inspect or visit your

in their native habitats. In addition to the value of captive breed-

compound. OABA and local fairground managers can assist you

ing, which has long been an important part of the public display

in identifying which state agencies and local animal control or

and performing animal community, circuses, fairs and other ex-

police departments have the authority to conduct inspections

hibitors collaborate with zoos and conservation organizations on

of your animals. Be certain that appropriate credentials and

critical issues of species preservation, reproductive biology, be-

identification are presented before allowing anyone access to

havior and disease research.

your animal compound. If an individual cannot show proper

Accordingly, the OABA recommends some of the following activities to its members as a means of engaging in the education

authorization to enter your premises, be polite and ask that they return later with the necessary credentials.

of the public and the conservation of species:

H Make your animals available for scientific studies and research when possible and appropriate;

H For those who maintain endangered species, explore all captive-breeding opportunities, where appropriate, in private collections and zoos. Breeding should be carefully evaluated to maintain genetic diversity and should be reconsidered if there is captive surplus of a particular species;

H Cooperate fully in surveys, censuses, and studbooks so that accurate data is available for the benefit of the species;

H Provide educational signage at animal rides and exhibits to educate and inform the public about conservation issues facing your particular species;

H Include species and conservation information in programs and coloring books about your animals;

H Designate and train a spokesperson on premises to provide information about the animals on display and the role that they play in helping to support the preservation of their species in the wild;

H Use your web sites and other social media to showcase your animals and your commitment to their well-being and conservation;

H Partner with conservation and educational organizations such as: The International Elephant Foundation (IEF) http://www.elephantconservation.org/ The Elephant Managers Association (EMA) http://www.elephantmanagers.com/ The Animal Welfare Council (AWC) http://www.animalwelfarecouncil.com/index.php The Feline Conservation Federation (FCF) http://www.felineconservation.org/

APPENDIX I – SPECIAL CONSIDERATIONS: SPECIES SPECIFIC GUIDELINES

Elephants HOUSING

The use of tethers is recognized by USDA as an acceptable means of housing elephants. For elephants, chains are used as tethers due to their durability and ease of cleaning. Tethers should be applied loosely and should allow for normal postural adjustments. According to USDA/APHIS policy, chains/tethers for elephants must be of sufficient length and arrangement so as to permit each elephant to comfortably lie down, get up, self-groom, and move about within a reasonable range. When not performing or being exercised, elephants are generally tethered along a picket line or housed within secured pens in an area not accessible to the public. When tethered, placement of elephants will be in accordance with the social order of their group. Secure pens should be clearly marked and attended by staff at all times. Clean water, hay, forage and enrichment devices should be made available as appropriate. Feces should be cleaned at regular intervals. Use of tethers should also be in accordance with generally accepted practices including those outlined by the Elephant Managers Association (EMA) in their Standard Guidelines for Elephant Management and the Elephant Resource Husbandry Guide (ERHG) published by the American Zoo Association (AZA), the Elephant Managers Association (EMA) and the International Elephant Foundation (IEF). To order a copy of the EHRG, visit the resources section at the International Elephant Foundation website at

Compliance with Federal, State and Local Laws & Regulations

www.elephantconservation.org.

with federal laws and regulations, but also with applicable state

disease that poses no risk to patrons of zoos, fairs or cir-

and local requirements in the jurisdictions where you live, per-

cuses. Although the USDA no longer requires regular testing,

form or exhibit. OABA members are expected to be familiar and

it is recommended that elephants be regularly monitored

in compliance with all animal regulations and to cooperate in a

and screened for MTB as part of an exhibitor’s program of

professional manner with federal, state and local inspectors.

veterinary care. More information about tuberculosis in

As a traveling exhibitor, you are required to comply not only

As a public exhibitor you are required above all to be

TUBERCULOSIS Elephants are known to carry a strain of m. tuberculosis, a

elephants, including the most recent testing and treatment

licensed by the U.S. Department of Agriculture as a Class C

protocols, can be found in the Recommendations for the

exhibitor and to comply with the rules and policies set forth

Diagnosis, Treatment and Management of Tuberculosis in

under the federal Animal Welfare Act. Public exhibitors are also

Elephants In Human Care, prepared by the Stakeholders Task

subject to unannounced inspections by the Animal and Plant

Force on Management & Research Priorities of Tuberculosis

Health Inspection Service Animal Care division. Inspection re-

in Elephants and available at the International Elephant

ports are public information and can be accessed via the USDA/

Foundation website at www.elephantconservation.org.

APHIS-Animal Care website. Copies of these rules and policies

Licensed exhibitors should be familiar with the guidelines

are available at http://www.aphis.usda.gov/animal_welfare/

and should remain up to date on changes and updates to the

policy.php.

guidelines. JUNE 2017 | OABA ShowTime Magazine H

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At this time there is no compelling information indicating a risk to humans who attend a performance or ride an elephant.

Exotic Animals

H Guidelines for Controlling Tuberculosis in Elephants (2010):

In addition, routine testing of handlers has not shown any pattern of transmission from elephant to human in zoos, circuses or fairs.

APPENDIX II – REFERENCE AND RESOURCE MATERIALS The following documents are available online at the websites listed.

H

H

Animal Welfare Act 7 U.S.C. §§ 2131 – 59 The full text of the Animal Welfare Act is available through the USDA website at:

H

H Animal Welfare Act [Factsheet] https://www.aphis.usda.gov/ publications/animal_welfare/2012/animal_welfare_act_

H

english.pdf

H El Acta del Bienestar Animal [Factsheet in Spanish] https:// www.aphis.usda.gov/publications/animal_welfare/2012/

H

animal_welfare_act_spanish.pdf

H Animal Welfare Act and Regulations [The “Blue Book”] https://www.aphis.usda.gov/animal_welfare/downloads/ AC_BlueBook_AWA_FINAL_2017_508comp.pdf

H Compliance Inspections [Factsheet] https://www.aphis.usda. gov/publications/animal_welfare/content/printable_version/ fs_compliance_inspection.pdf

H Animal Welfare Inspection Guide https://www.aphis.usda.gov/ animal_welfare/downloads/Animal-Care-Inspection-Guide.pdf

H Animal Care Policy Manual https://www.aphis.usda.gov/ animal_welfare/downloads/Animal Care Policy Manual.pdf

H Animal Care Creates New Process for Appealing Animal Welfare Act Inspection Report [Factsheet] https://www.aphis.usda.gov/ publications/animal_welfare/2014/appeals_process.pdf Additional USDA Guidance Documents

H The Animal Welfare Act Guidelines for County and State Fairs [Factsheet] https://www.aphis.usda.gov/publications/animal_ welfare/content/printable_version/fs_fairex.pdf

H Animal Exhibitors [Factsheet] https://www.aphis.usda.gov/ publications/animal_welfare/content/printable_version/fs_anexhit.pdf

H Questions and Answers: Final Rule on Submission of Itineraries [Factsheet] https://www.aphis.usda.gov/animal_ welfare/content/printable_version/traveling_animal_faq.pdf

Made in the USA

International Elephant Foundation www.elephantconservation.org H Elephant Husbandry Resource Guide (EHRG) H Recommendations for the Diagnosis, Treatment and Management of Tuberculosis in Elephants In Human Care, prepared by the Stakeholders Task Force on Management & Research Priorities of Tuberculosis in Elephants Florida Fish and Wildlife Conservation Commission

H Division of Law Enforcement. “Qualifications for Elephant Ride Authorization” Memo to Elephant Owners and Other Interested Persons, November 8, 2010. Available online at http://myfwc. com/media/411029/Captive_Memo_Elephant.pdf Insurance H Letter dated January 7, 2011 from Kaliff Insurance (San Antonio, TX) regarding elephants and circuses. H Letter dated March 28, 2011 from Allied Insurance (Treasure Island, FL) regarding safety and loss history of elephant rides. New Jersey Policy for Elephant Rides H New Jersey Division of Fish and Wildlife, Wildlife Permits Unit H

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https://www.aphis.usda.gov/animal_welfare/downloads/elephant/Elephant TB Guidelines-2010.pdf Elephant Research and Necropsy Protocol (2013): https:// www.aphis.usda.gov/animal_welfare/downloads/elephant/ ELEPHANT-NECROPSY-PROTOCOL-March 2016.pdf Proper Giraffe Care in Cold Weather [Tech Note] https://www.aphis.usda.gov/animal_welfare/downloads/ giraffes in the cold-tech note.pdf Declawing and Tooth Removal [Information Sheet] https:// www.aphis.usda.gov/animal_welfare/downloads/big_cat/ declaw_tooth.pdf Wild and Exotic Cats [Position Statement] https://www.aphis. usda.gov/animal_welfare/downloads/big_cat/position.pdf Tuberculosis in Elephants: Science, Myths, and Beyond! [2011 Seminar] https://www.aphis.usda.gov/aphis/ourfocus/ animalwelfare/sa_awa/ct_awa_tuberculosis_in_elephants Lion and Tiger Enclosure Heights and Kick-ins Inspection Guidance https://www.aphis.usda.gov/animal_welfare/ downloads/Inspection-guide-2015-enclosure-fencing.pdf

Made in the USA 16

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ASSOCIATION H PHOTO GALLERY

Photo Gallery

Continued

OABA Lobbying Team in DC for Additional H-2B Visas

At the end of April, our lobbyist team of Cloakroom Advisors and Kelley Drye & Warren hosted some of the largest stakeholders from our board and this industry to do some intensive lobbying in the $1.1 trillion dollar government funding bill, to gain additional H-2B visas for the mobile amusement industry. About a third of this industry’s small businesses have been “capped-out” of this program and without their full complement of seasonal help. The OABA also co-sponsored a breakfast fundraising event for Senator Tillis (R-NC), who has been a champion of the H-2B visa program for this industry and others.

Senator Tillis recently announced his Senate Bill S. 792, Save our Small and Seasonal Businesses Act of 2017, with Senator King (I-ME), along with Senate Co-Sponsors: Thune (R-SD); Collins (R-ME); Rounds (R-SD), Cornyn (R-TX), Murkowski (R-AK), Blunt (R-MO), Warner (D-VA); Flake (R-AZ), Cassidy (R-LA) and Graham (R-SC). Thanks to all for attending this fundraiser and for your lobbying efforts.

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ASSOCIATION H SERVICES, BENEFITS & PROGRAMS

Contribution Fund PROGRAM • Get Your Contribution Fund Tickets Now

2017 OABA Contribution Fund Ray Cammack Shows . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71,740 Deggeller Attractions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3,180 Frazier Shows . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2,915 Reithoffer Shows . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2,620 Powers Great American Midways . . . . . . . . . . . . . . . . . . . . 2,440 NAME/Mid America Shows . . . . . . . . . . . . . . . . . . . . . . . . . . 390 Carousel Family Entertainment . . . . . . . . . . . . . . . . . . . . . . . 100 TOTAL $83,385

OABA Contribution Fund Program

THE OABA’S CONTRIBUTION FUND offers three different plans to meet your show’s contribution to the OABA and in turn rewards the show and concessionaires for these donations.

WHY SHOULD I PARTICIPATE? You will be given the opportunity to receive cash prizes for your contributions to this program and help the OABA protect the carnival industry.

WHAT IS IT? Fund-raising for the OABA has always been based on the generosity of its members and depends on members to pay their fair share, the theory being that the organization belongs to the members who raise relevant issues and in the belief that they will also underwrite activities. Support and participation of enough members will provide the revenue necessary to continue and improve on membership services.

HOW IS IT HANDLED? This OABA program advises member carnivals to collect funds from all office-owned and independent concessions and rides, side shows and arcades. When the show owner collects the money, they need to give or complete a receipt. The show or concessionaires then send the receipts to the OABA office, which will be eligible for monthly and annual incentive prizes. Please note that it is important to include your phone number on your receipt, as we want to be able to contact you when you win!

WHAT IS THE MONEY USED FOR? The funds collected for this program are earmarked for legal, legislative and lobbying issues. Also, funds are used to continually upgrade member services. CAN’T I JUST CONTRIBUTE? Sure, but then you lose out on the opportunity to participate in winning cash incentives.

SEND IT ALL IN! Funds are solicited and contributed in the name of the OABA. Once money is collected, please send it monthly to the OABA office in form of a check or money order. You may check ShowTime magazine where the contributions and monthly winners in each plan will be published monthly. H

Bronze Plan

Contribution from Concessions & Rides $5.00 per event

Monthly drawings April-October First Prize $300 Second Prize $200 Third Prize $100

Final drawing in February First Prize $3,000 Second Prize $2,000 Third Prize $1,000

Contribution from Concessions & Rides $10.00 per week Final drawing in February First Prize $4,000 Second Prize $2,000 Third Prize $1,000

Bronze and Silver Plans: If the carnival contributions exceed $5,000, OABA dues are waived for carnival.

Gold Plan

Contribution from Concessions & Rides $5.00 per day

Monthly drawings April-October First Prize $500 Second Prize $400 Third Prize $300

April Drawing Winners BRONZE

SILVER

GOLD

Frazier Shows Frazier Shows $100

R&A Concessions Deggeller Attractions $200

Bill Morton Ray Cammack Shows $300

William Carpenter Frazier Shows $300

Robert Vinson Alan Putter Reithoffer Shows Ray Cammack $400 Shows $500 Mid America Concessions Tobias Sky A. Murray Entertainment NAME/Mid Ray Cammack America Shows Shows Frazier Shows $300 $400 $200

Fare Foods is currently seeking to fill the position of

OUTSIDE SALES REPRESENTATIVE for the East Texas Area

The ideal candidate will process orders and solicit new qualifying business. You will gain extensive product knowledge and have the ability to quickly resolve issues with customers. ■ Candidate will be required to travel. ■ Previous Amusement/Carnival experience preferred. ■ Previous wholesale food experience preferred.

Silver Plan

Monthly drawings April-October First Prize $400 Second Prize $300 Third Prize $200

• This is deductible as a business expense

Final drawing in February First Prize $5,000 Second Prize $2,000 Third Prize $1,000

If you would like to become a part of a fast growing family owned food service company please send a resume to sharsy@farefoods.com

APPLY TODAY!

Fare Foods is a full-service amusement food & concession supplies provider delivering to events on site across the United States. We have warehouses centrally located in the Midwest and Tampa, Florida, servicing events throughout the year.

WE DELIVER! 1-800-651-1601

Gold Plan: If the carnival contributions exceed $10,000, OABA dues are waived for carnival. JUNE 2017 | OABA ShowTime Magazine H

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GOVERNMENT REGULATIONS H DOT REGULATORY NEWS

DOT Regulatory News OOIDA Seeks Supreme Court Review Of ELD Rule The Owner-Operator Independent Drivers Association has filed a petition with the United States Supreme Court for review of the Federal Motor Carrier Safety Administration’s final rule on Electronic Logging Devices. Previously, the U.S. Court of Appeals for the Seventh Circuit rejected all of OOIDA’s arguments and denied its appeal of the ELD rule. In its petition to the Supreme Court, OOIDA argues that requiring electronic monitoring devices on commercial vehicles does not advance safety since they are no more

reliable than paper logbooks for recording compliance with hours-of-service regulations. The petition also asserts that the ELD rule violates the Fourth Amendment by failing to establish a regulatory structure at the state and federal levels that serves as a substitute for a warrant. OOIDA claims the ELD requirement amounts to a warrantless search in violation of the constitution. Despite the petition, the ELD rule is still scheduled to go into effect in December 2017. FMCSA Adjusts Civil Penalties The Federal Motor Carrier Safety Administration has

issued a notice adjusting its civil penalties for inflation as required by law. The agency has amended the civil penalties listed in its regulations to ensure that the civil penalties assessed or enforced reflect the statutorily mandated ranges as adjusted for inflation. Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, the FMCSA is required to promulgate annual adjustments each year by January 15. The Office of Management and Budget implementation guidance detailed a cost-ofliving adjustment multiplier of 1.01636 for 2017. This adjustment applies to all civil

monetary penalties covered by the Inflation Adjustment Act. Thus, for all civil penalties imposed after the effective date, the baseline penalty will increase by 1.636 percent. Supreme Court Denies Challenge To Carrier’s Sleep Apnea Program The U.S. Supreme Court has denied review of a court of appeals decision affirming dismissal of a motor carrier’s screening program to determine if its drivers suffer from sleep apnea. Parker v. Crete Carrier Corp., U.S. Supreme Court Case No. 16-2002. In the case, the driver alleged that his motor carrier

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employer discriminated against him by requiring him—and every other Crete driver with a body mass index (“BMI”) of 35 or greater—to undergo medical testing to determine whether they had obstructive sleep apnea. The driver claimed this violated the Americans with Disabilities Act. The lower courts had held that Crete’s sleep apnea screening program was job-related and consistent with business necessity, and thus permissible under the ADA. By refusing to consider the request for review, the Supreme Court’s decision will keep the lower courts’ rulings in effect. Trump Administration, Congress Give Infrastructure Bill New Priority With legislation to repeal, replace, or revise the Affordable Care Act still under review after an initial proposal failed to win support, Congress and the Trump Administration are now turning to consideration of the Administration’s infrastructure package. President Trump has pledged to spend one trillion dollars over ten years to rebuild the nation’s infrastructure, which they have now indicated includes highways, bridges, transit, airports, ports, railroads, sewers and pipelines, the electrical grid, and internet connections. It is expected that legislation might be introduced as early as the end of May 2017, although the White House and members of Congress are still trying to determine how to fund the massive new investments. The Administration is likely to propose some form of public-private

partnerships (which will require new tolls) as well as direct federal spending to support the infrastructure spending. Senate Committee Approves Rosen As Deputy DOT Secretary The Senate Committee on Commerce, Science and Transportation approved the nomination of Jeffrey Rosen to serve as the Deputy Secretary of Transportation in April by a vote of 15-12. The largely party-line vote indicated the Democratic members’ displeasure with the Trump Administration’s proposed budget for the Department of Transportation, which would receive a 13 percent reduction in funding. The nomination now goes to the full Senate for a vote on confirmation. If confirmed, Rosen would be the number two official in the Department. There is no indication from Administration officials when nominees for Federal Motor Carrier Safety Administrator or other DOT positions will be released. There are 110 senior positions within the DOT requiring Senate confirmation; so far, only Secretary Elaine Chao has been confirmed. FMCSA To Conduct Meeting On ELD Technical Specs The Federal Motor Carrier Safety Administration will conduct a meeting to discuss the technical specifications in Appendix A to Subpart B of part 395, Functional Specifications for All Electronic Logging Devices (ELDs), as published JUNE 2017 | OABA ShowTime Magazine H

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Who’s Doing Your Truck Pre-checks? By Eric Arnold, Arnold Safety Consulting

T

his month I would like to speak about maintenance, which is rapidly becoming a focus item for FMCSA during its audits. Historically, FMCSA focused their efforts on logbooks, drug testing and driver files. Within the past few years, in keeping with their hyper-regulatory efforts, they have ramped up their focus on maintenance. This should concern OABA members, as we usually do not have brand-new equipment. The trucks are only used for limited miles throughout the year, so, it may not make sense to have a brand-new tractor which only gets used 5,000 – 10,000 miles a year. However, as I like to say, “old equipment breaks.” In other words, older equipment is more susceptible to breaking than new equipment. Naturally. Even though your tractors may be older, that doesn’t mean you cannot comply with the DOT rules. It is important you have a thorough inspection and maintenance program. If you are inspecting the trucks only once at the beginning of the season, you’re probably asking for trouble. As I said, “old equipment breaks.” The trucks need to be constantly inspected throughout the year. Even though the trucks are not being used heavily, just the simple age of the vehicles will cause little things to go wrong throughout the year. Cracks in metal, belts and hoses; lights burned out; frayed straps, etc. Any marginal items should be replaced. This applies to the trailers as well, so don’t forget them. DOT requires a motor carrier to follow a preventive maintenance schedule which is in writing. The DOT demands to see the DOT annual inspection in every maintenance file, but they are looking for more maintenance than just that. Your schedule should be more thorough than a ‘once-a-year’ annual inspection. Any work done to the vehicle must be recorded in writing. Each vehicle, including the trailers, must have a maintenance file where everything done to the vehicle is recorded. The file can be a manila file folder. It can be a page in a notebook. It can be an Excel spreadsheet. However you record it, all work done to the vehicle, including inspections and brake adjustments, must be recorded. Repair receipts need to be kept. When you’re being audited, you’ll be happy you have thorough, complete maintenance records. Your most frequent contact with DOT will be with the DOT inspector at the scale house. As we all know, DOT loves to inspect carnival equipment. Don’t make it easy for them. Make sure someone has done a good pre-trip inspection on your equipment before you pack up and move. It can be the driver. We know the larger shows have a mechanic who is tasked with carefully inspecting the trucks and trailers prior to movement, rather than leaving it to the drivers. The roadside inspections are very important in determining whether or not you get audited. Since OABA members do not get inspected that often due to the limited number of miles

operated, any inspections, good or bad, are magnified. Not only will poor inspections cause you to be audited, they may also cause a huge fine during the audit. It is now a common tactic of FMCSA auditors to levy a $5,000 – $10,000 penalty during an audit, simply because your Maintenance CSA score is too high. This score is generated solely from roadside DOT inspections. That $100 ticket you received for a burned out taillight may seem like a minor annoyance, but it could build up to something major. If you get enough of them, your Maintenance CSA score will go too high, you’ll get audited, and you’ll get that giant fine from FMCSA for poor equipment.

New Regulations Update As of the date of this article, May 1, the Trump Administration still has not named a new FMCSA administrator. This is a key position, as no significant change in how FMCSA administers its rules will occur until this position is filled. Perhaps the lack of leadership in filling the top FMCSA job may mean few changes at FMCSA. However, that’s just my opinion; I certainly could be wrong. The Electronic Logging Device (ELD) mandated date of December 17, 2017 continues to draw closer. I have been somewhat surprised at how slowly the over-the-road trucking industry has been transitioning to the ELDs. At this rate, there will be a mad rush in the latter half of the year to beat the deadline. Any hope of more exceptions from this mandate, such as one for OABA members, will have to wait until Trump finally names a new FMCSA administrator. FMCSA has killed its new, proposed rating scheme. I mentioned this in my last article. They were going to use only the CSA scores to rate, and ultimately determine whether a motor carrier would be allowed to operate. This idea was roundly hated by nearly all parties except for the FMCSA. They have decided to pull the rulemaking, which is good. FMCSA has also killed two provisions in the 70-hour rule: the 1AM to 5 AM rest period requirement, and the 168-hour separation between resets requirement. Again, these were two items which were almost universally hated. They were so hated that Congress stepped in, suspended these rules, and made FMCSA justify them. FMCSA decided they could not justify them, so they officially pulled these rules. H

Eric Arnold, President of Arnold Safety Consulting, Inc., is a former U.S. Department of Transportation agent with 27 years regulatory and transportation compliance experience. His column will appear periodically in the ShowTime magazine. As part of your OABA dues, Mr. Arnold is available for free consultations regarding the DOT rules and regulations. JUNE 2017 | OABA ShowTime Magazine H

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ASSOCIATION H CIRCUS MEMBERS

From The Center Ring Connecting & Protecting the Circus Industry! Rodney Huey, RAH PR Strategies OABA Circus Media Consultant

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fter 146 years of entertaining countless millions of circus-goers in literally tens of thousands of performances, Ringling Bros. and Barnum & Bailey presented its final performance with Out of This World to a sold-out house on Sunday, May 21 at the Nassau Veterans Memorial Coliseum in Uniondale (NY). For history buffs, the last act presented at The Greatest Show on Earth was the Tchalabaev Cossack Riders, and the last four artists to exit the arena floor were Ringmaster Johnathan Lee Iverson, comic clown Davis Vassallo, acrobat Paul dos Santos and Queen Tatiana (Tchalabaev). Ringling’s closing now renders Carson & Barnes Circus as the longest-running circus in the United States, having been founded by Obert Miller in 1937 and followed closely by Kelly Miller Circus a year later. Both Hugo (OK)-based tented three-ring shows are playing their respective traditional June dates throughout the Midwest. UniverSoul will be in Baltimore’s (MD) Security Square through June 18 before setting up its tent at FedEx Field in Washington, DC June 22–July 23. Circus Vargas is enjoying a scheduled hiatus this month. Circo Hermanos Vazquez — billed as “the nation’s only touring Spanish-language circus” — kicked off its 20th season in Donna (TX). The original family-owned circus closed in Mexico after the national animal ban took effect in 2014, and launched a U.S. tour focused on cities with large Latino populations, including Dallas, Houston, Atlanta, New York and Chicago. Comic daredevil Bello Nock will star in The Ringling’s summer circus spectacle — IncrediBello! Produced by Feld Entertainment, Inc. and billed as “This Summer’s HairRaising Circus” [pun intended], IncrediBello! runs June 13– July 29 at the museum’s Historic Asolo Theater in Sarasota (FL). Circus World Museum’s annual summer circus is up and running in Baraboo (WI) and features the comedy duo of Steve & Ryan. Florida State University’s Flying High Circus will kick off its summer performance schedule at Callaway Gardens in Pine Mountain (GA) on June 2. When not in performance, the artists serve as camp counselors in the resort’s Summer Family Adventure Program. But the biggest circus event of the year by far will be the 50th Smithsonian Folklife Festival (SFF) on the National Mall in Washington, DC June 29–July 4 and July 6–9. The festival, free to the public, celebrates the Circus Arts of “acrobatics, aerial skills, equilibristics, object manipulation, and clowning,” and is designed to “bring the rich history, mystique and diversity of circus arts to life.” The 10-day festival will feature demonstrations, displays, workshops, performances

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under Circus Sarasota’s tent, and “narrative stages” whereby festival-goers can explore “the life and work of circus people in America today.” The SFF is expected to draw between 750,000 and a million people during one of Washington, DC’s peak tourist events — the Fourth of July celebration. Youth and recreational circus schools/camps are in full swing this summer, including programs at Circus Harmony (St. Louis, MO); the Circus Arts Conservatory (Sarasota, FL); Circus Juventas (St. Paul, MN); Circus Smirkus (Greensboro, VT); and the Philadelphia (PA) School of Circus Arts, just to name a few. Check respective websites for schedule of classes. Additionally, the American Youth Circus Organization (AYCO) and American Circus Educators (ACE) will host the Boston Regional Youth Circus Festival on June 3 at the Esh Circus Arts Center in Somerville (MA). The Circus Fans Association of America will hold its 2017 convention at the City Center Hotel in St. Louis (MO) on June 13-17. Featured speaker will be equestrienne Heidi Herriott. Among its scheduled activities is a visit to Circus Flora that plays June 1–25 in the Grand Center behind Powell Symphony Hall. Featured artists with Circus Flora’s new “Time Flies” production include Heidi Herriott, the Flying Wallendas and World Juggling Champion Kyle Driggs. Making his St. Louis debut with Circus Flora this year is Circus Harmony graduate Sidney “Iking” Bateman with his Chinese pole act. If you are traveling through Indiana in June, you may want to stop by the Wilstem Ranch near Paoli to participate in its Elephant Encounter — an up-close and personal encounter with African elephants Makia, Lovie and Lou. Also new this year is the Giraffe Encounter where you can “meet, greet, and feed our two giraffes!” The Fédération Mondiale du Cirque reported that 135 organizations in 37 countries celebrated its Eighth Annual World Circus Day on April 15. WCD8 events were held in countries as diverse as Venezuela, Kenya, Lithuania, India, Slovakia and China. Leading in events was the United States with 21, followed by Australia (19) and Russia (15). Social circus is making a difference in the lives of children worldwide. Afghanistan’s Mobile Mini Circus for Children (MMCC) recently inaugurated its new Gol-e-Sang Circus Center in Kabul. The facility offers “a unique space designed and dedicated to children and youth for developing themselves and contributing to the artistic, social, and cultural environment” in Afghanistan. In Syria, young refugees recently learned to juggle in a make-shift circus school on a rooftop of a house in southeastern Turkey, hosted by the Her Yerde

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Sanat Association. In Ethiopia, the Debre Berhan Circus, described as a “theater for social development,” works with several physically handicapped children, including two who are blind and twelve who are deaf. In performing animal news, the retirement of Ringling’s elephants may have encouraged hapless legislatures to jump on the anti-circus animal bandwagon. U.S. Representatives Ryan Costello (R-Penn.) and Raul Grijalva (D-Ariz.) recently introduced a bill to establish the Traveling Exotic Animal and Public Safety Protection Act (TEAPSPA). If passed, the bill “would prohibit wild or exotic animal performances in traveling circuses” anywhere in the United States! On a similar note, the new movie based on the life of P.T. Barnum, starring Hugh Jackman as Barnum and Michelle Williams as his wife Cherry, announced it will not be using real elephants in the movie. Instead, it will portray Barnum riding atop a pachyderm via digital manipulation, earning a New York Post’s barb as “the fakest show on earth.” Well said! H

2017 Circus Fund

Kathleen Nelson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,000 National Showmens Association, Inc. . . . . . . . . . . . . . . . . . . 250 Paul Gutheil – in fond memory of Johnny Welde . . . . . . . . . . . . . . 150 Forepaugh-Lubin Tent No. 2, CFA . . . . . . . . . . . . . . . . . . . . . 140 Felix Adler-Paul Binder Tent No. 12, CFA . . . . . . . . . . . . . . . . 110 Bill & Chris Schreiber – in memory of Johnny Welde, bear trainer, circus man & friend . . . . . . . . . . . . . . . . . . . . . . 100 Misc. Contributors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 TOTAL $1,900

To contribute to the Circus Fund, make your check payable and send to: OABA Circus Fund, 1035 S. Semoran Blvd., Ste. 1045A, Winter Park, FL 32792 It is important that we maintain this fund so we are able to hire professionals to assist with challenges such as legislation that threaten our members’ businesses. Please consider and make your contributions to this very important resource pool. Feel free to be creative such as matching dollars, innovative fundraisers, endowments and memorials, to name a few. Another option is to designate a percentage or daily amount of your ride operation to be set aside for this important fund.

JUNE 2017 | OABA ShowTime Magazine H

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