Final Regulatory Assessment and Final Regulatory Flexibility Analysis Final Rule - Nondiscrimination on the Basis of Disability by Public Accommodations - Movie Theaters; Movie Captioning and Audio Description
1.2. 2014 Notice of Proposed Rulemaking
On August 1, 2014, the Department issued the 2014 NPRM proposing to require movie theaters to provide closed movie captioning and audio description at all scheduled showings of a movie that is produced, distributed, or otherwise made available with such features unless to do so would result in an undue burden or a fundamental alteration.4
In the 2014 NPRM, the Department proposed that movie theaters maintain a certain number of captioning and audio description devices based on movie theater size. The number of captioning devices required was based on the number of seats in a movie theater, and the number of audio description devices was based on the number of screens (auditoriums)5 in a movie theater. The Department further proposed that movie theaters give notice of the availability of captioning and audio description as well as train staff to operate the equipment and assist patrons in its use. The 2014 NPRM proposed a six-month compliance date for digital movie screens (auditoriums showing digital movies) and sought public comment on two options for analog movie theaters: Option 1, a four-year compliance date for analog movie screens (auditoriums), or Option 2, a deferral of rulemaking on analog screens (auditoriums) until a later date.
The Department sought comments on the 2014 NPRM and the Initial RA supporting it.
4 79 FR 44976.
5 In the 2014 NPRM and the Initial RA supporting it, the Department used the term “screens,” to describe the movie theater facilities subject to the captioning and audio description requirements of the proposed rule, but the Department has replaced the term “screens” with the term “auditoriums” in the final rule and the Final RA. Although the terms are synonymous in the movie theater context, the Department believes that “auditoriums” is more accurate.
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