28 CFR Parts 35 and 36, Nondiscrimination on the Basis of Disability by Public Accommodations - Movie Theaters; Movie Captioning and Audio Description (NPRM)

List of Subjects for 28 CFR Part 36

Administrative practice and procedure, Buildings and facilities, Business and industry, Civil rights, Individuals with disabilities, Penalties, Reporting and recordkeeping requirements.

By the authority vested in me as Attorney General by law, including 28 U.S.C. 509 and 510, 5 U.S.C. 301, and section 306 of the Americans with Disabilities Act of 1990, Public Law 101-336 (42 U.S.C. 12186), and for the reasons set forth in Appendix A to 28 CFR part 36, chapter I of title 28 of the Code of Federal Regulations is proposed to be amended as follows:

PART 36—NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS AND IN COMMERCIAL FACILITIES

Subpart A—General

         1. The authority citation for 28 CFR part 36 continues to read as follows:

Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510; 42 U.S.C. 12186(b).     

2.  In § 36.303,

a.  Redesignate paragraph (g) as paragraph (h); and

b.  Add paragraph (g) to read as follows:

§ 36.303 Auxiliary aids and services.

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(g)  Movie Captioning and Audio Description.

(1)  Definitions.  For the purposes of this paragraph—

(i)  Audio description means provision of a spoken narration of key visual elements of a visually delivered medium, including, but not limited to, actions, settings, facial expressions, costumes, and scene changes.

(ii)  Closed movie captioning means the written text of the movie dialogue and other sounds or sound making (e.g. sound effects, music, and the character who is speaking).  Closed movie captioning is available only to individuals who request it.  Generally, it requires the use of an individual captioning device to deliver the captions to the patron.

(iii)  Individual audio description listening device means the individual device that patrons may use at their seats to hear audio description.

(iv)  Individual captioning device means the individual device that patrons may use at their seats to view the closed captions.

(v)  Movie theater means a facility other than a drive-in theater that is used primarily for the purpose of showing movies to the public for a fee. 

(vi)  Open movie captioning means the provision of the written text of the movie dialogue and other sounds or sound making in an on-screen text format that is seen by everyone in the movie theater.

(2)  Movie captioning.  (i) A public accommodation that owns, leases, leases to, or operates a movie theater shall ensure that its auditoriums have the capability to exhibit movies with closed movie captions.  In all cases where the movies it intends to exhibit are produced, distributed, or otherwise made available with closed movie captions, the public accommodation shall ensure that it acquires the captioned version of that movie.  Movie theaters must then exhibit such movies with closed movie captions available at all scheduled screenings of those movies.

(ii)  Other technologies.  Movie theaters may meet their obligation to provide captions to persons with disabilities through use of a different technology, such as open movie captioning, so long as the communication provided is as effective as that provided to movie patrons without disabilities.  Open movie captioning at some or all showings of movies is never required as a means of compliance with this section, even if it is an undue burden for a theater to exhibit movies with closed movie captioning in an auditorium. 

(iii)  Provision of individual captioning devices.  (A) Subject to the compliance dates in paragraph (g)(4), a public accommodation that owns, leases, leases to, or operates a movie theater shall provide individual captioning devices in accordance with the following Table.  This requirement does not apply to movie theaters that elect to exhibit all movies at all times at that facility with open movie captioning.

Capacity of Seating in Movie Theater	Minimum Required Number of Individual Captioning Devices
100 or less	2
101 to 200	2 plus 1 per 50 seats over 100 seats or a fraction thereof
201 to 500	4 plus 1 per 50 seats over 200 seats or a fraction thereof
501 to 1000	10 plus 1 per 75 seats over 500 seats or a fraction thereof
1001 to 2000	18 plus 1 per 100 seats over 1000 seats or a fraction thereof
2001 and over	28 plus 1 per 200 seats over 2000 seats or a fraction thereof

(B)  In order to provide effective communication, individual captioning devices must:

(1)  Be adjustable so that the captions can be viewed as if they are on or near the movie screen;

(2)  Be available to patrons in a timely manner;

(3)  Provide clear, sharp images in order to ensure readability; and

(4)  Be properly maintained and be easily usable by the patron.  

(3)  Audio description.  (i) A public accommodation that owns, leases, leases to, or operates a movie theater shall ensure that its auditoriums have the capability to exhibit movies with audio description.  In all cases where the movies it intends to exhibit are produced, distributed, or otherwise made available with audio description, the public accommodation shall ensure that it acquires the version with audio description.  Movie theaters must then exhibit such movies with audio description available at all scheduled screenings. 

 (ii)  Provision of individual audio-description listening devices.  Subject to the compliance dates in paragraph (g)(4) of this section, a public accommodation that owns, leases, leases to, or operates a movie theater shall provide devices capable of transmitting audio description in accordance with one of the following:

(A)  A movie theater shall provide at least one individual audio-description listening device per screen, except that no theater shall provide less than two devices.

(B)  A movie theater may comply with this requirement by using receivers it already has available as assistive listening devices in accordance with the requirements in Table 219.3 of the 2010 Standards, if those receivers have a minimum of two channels available for sound transmission to patrons.

  (4)  Compliance date. 

(i) Digital movie screens.  If a movie theater (as defined in this paragraph) has auditoriums with digital movie screens, those auditoriums must comply with the requirements in paragraph (g) of this section six months from the publication date of this rule in final form in the Federal Register.  Once an analog movie screen has converted to digital cinema, it must comply with paragraph (g) within 6 months.      

 (ii)  Analog movie screens. 

Option 1:  If a movie theater (as defined in this paragraph) has auditoriums with analog movie screens, those auditoriums must comply with the requirements in paragraph (g) four years from the publication date of this rule in final form in the Federal Register.

Option 2: Application of the requirements of paragraph (g) is deferred for analog movie screens but may be addressed in future rulemaking. 

(5)  Notice.  Subject to the compliance dates in paragraph (g)(4), movie theaters shall ensure that communications and advertisements intended to inform potential patrons of movie showings and times, that are provided by the theater through websites, posters, marquees, newspapers, telephone, and other forms of communications, shall provide information regarding the availability of captioning and audio description for each movie.

(6)  Subject to the compliance dates in in paragraph (g)(4), movie theaters must ensure that there is at least one individual on location at each facility available to assist patrons seeking these services at all times when a captioned or audio-described movie is shown.  Such assistance includes the ability to: 

(i)  Operate all captioning and audio description equipment;

(ii)  Locate all necessary equipment that is stored and quickly activate the equipment and any other ancillary equipment or systems required for the use of the devices; and

(iii)  Communicate effectively with individuals who are deaf or hard of hearing and blind or have low vision regarding the uses of, and potential problems with, the equipment for such captioning or audio description.

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Date

Eric H. Holder, Jr.

Attorney General