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

The final rule imposes no new recordkeeping or reporting requirements.  However, the final rule does require that movie theaters disclose to the public information concerning the availability of captioning and audio description for movies shown in their auditoriums.  Specifically, § 36.303(g)(8) of the final rule requires movie theaters to inform the public of the availability of captioning and audio description on all notices of movie showings and times at the box office and other ticketing locations, on Web sites and mobile apps, in newspapers, and over the telephone.  This requirement applies to any movie theater showing digital movies with captioning and audio description on or after the effective date of this rule.  Notices of movie showings and times posted by third parties not subject to or under the control of a covered movie theater are not subject to this requirement.

As discussed throughout this Final RA, movie theaters, including small entities, may incur costs as a result of complying with the final rule.  These costs are detailed in Section 7.4 above but do not include the costs associated with the notice requirement.  As discussed in Section 2.4.4.2, the Department expects that the additional cost and burden of noting which screenings will be captioned or audio-described is de minimis when a movie theater is already preparing a communication listing movie titles and screening times.  Therefore, the Department anticipates that the costs and burdens associated with this requirement will also be de minimis for small entities.    

Additionally, the Department does not expect that movie theater personnel will need to acquire additional professional skills to comply with this requirement.  A specific form of notice is not required.  Movie theaters routinely use “CC” and “AD” or “DV” to indicate the availability of closed movie captioning and audio description in their communications, and the Department’s research indicates that the inclusion of such abbreviations does not require additional technical knowledge.  Moreover, the movie exhibition industry has largely moved away from print advertising in favor of digital advertising.  As one commenter indicated, digital advertising allows movie theaters to add information concerning the availability of captioning and audio description without much difficulty or cost.

More detailed information on the estimated burden and costs associated with the final rule’s notice requirement is provided in the Department’s 60-day Paperwork Reduction Act Notice published in the Federal Register on June 10, 2016.  81 FR 37643.  The Department published a second notice in the Federal Register on August 30, 2016.  81 FR 59657.  The 30-day comment period for the second notice closed on September 29, 2016.