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
6.2. Scoping Requirements
In the 2014 NPRM, the Department proposed scoping requirements for captioning devices based on the number of seats in a movie theater. The Department further proposed that movie theaters maintain one audio description device per auditorium, with a minimum of two devices per movie theater. However, in light of the public comments received and proposals made by the movie industry and multiple disability advocacy groups, those scoping requirements have changed in the final rule.
Table 6-3 compares the scoping requirements used in the primary analysis with the previous scoping requirements proposed in the 2014 NPRM and used in the Initial RA. As the table indicates, the scoping requirements in the final rule (and used in the primary analysis) require fewer captioning and audio description devices.
Table 6-3 : Device Scoping Requirements for Primary Analysis and Initial RA
Venue Type |
Captioning Device Scoping |
Captioning Device Scoping |
Audio Description Device Scoping |
Audio Description Device Scoping |
|
Megaplex |
12 |
34 |
9 |
18 |
|
Multiplex |
8 |
28 |
6 |
11 |
|
Miniplex |
6 |
12 |
3 |
4 |
|
Single-Auditorium |
4 |
4 |
2 |
2 |
As shown in Table 6-4, using the original scoping from the 2014 NPRM increases the captioning and audio description device acquisition costs. The replacement costs also increase because more devices are replaced annually due to the higher number of devices required per movie theater. Finally, the installation and maintenance and administrative costs increase as they are estimated relative to the equipment acquisition costs. Overall, using the scoping requirements from the Initial RA increases the total costs by 75 percent to $154.8 million over the 15-year period of analysis when discounted at 7 percent.
Table 6-4 : Original Scoping Alternative, Discounted at 7 Percent ($ millions)
Cost Category |
Initial RA Scoping Alternative |
Primary Analysis |
Percent Change |
|
Captioning Hardware Acquisition Costs |
$14.6 |
$14.6 |
0% |
|
Audio Hardware Acquisition Costs |
$0.5 |
$0.5 |
0% |
|
Captioning Device Acquisition Costs |
$36.1 |
$15.7 |
130% |
|
Audio Device Acquisition Costs |
$4.4 |
$2.4 |
80% |
|
Installation Costs |
$1.7 |
$1.0 |
67% |
|
Replacement Costs |
$73.8 |
$36.1 |
104% |
|
Training Costs |
$9.9 |
$9.9 |
0% |
|
Maintenance and Administrative Costs |
$13.9 |
$8.2 |
69% |
|
Total Costs |
$154.8 |
$88.5 |
75% |
In the final rule, the Department implemented scoping requirements for captioning and audio description devices that it believes will obligate movie theaters to provide the optimum number of devices sufficient to provide accessibility to individuals with disabilities who will need and use them, without requiring movie theaters to purchase unnecessary equipment. Because movie theaters are rarely at 100 percent occupancy, the Department determined that the number of seats within a movie theater is an inappropriate proxy for determining the number of captioning devices required. Additionally, usage data indicates that audio description devices are used less frequently than the proposed scoping required. As a result, the Department adopted lower scoping requirements for both captioning and audio description devices based on the number of auditoriums showing digital movies within a movie theater. The scoping requirements for captioning devices are based on the proposed scoping suggested in the Joint Comment, submitted by NATO and multiple disability advocacy groups representing individuals who are deaf and hard of hearing. The scoping requirements for audio description devices are based on the proposed scoping suggested by NATO and supported by movie theater usage data.
User Comments/Questions
Add Comment/Question