87348 Federal Register / Vol. 81, No. 232 / Friday, December 2, 2016 / Rules and Regulations DEPARTMENT OF JUSTICE digital projection system, whichever is own, lease, or operate movie theaters to later. provide closed movie captioning 1 and 28 CFR Part 36 FOR FURTHER INFORMATION CONTACT: audio description to patrons with Rebecca Bond, Section Chief, Disability hearing and vision disabilities whenever [CRT Docket No. 126; AG Order No. 3779– such entities exhibit digital movies that 2016] Rights Section, Civil Rights Division, U.S. Department of Justice, at (202) 307– are distributed with such features, as well as to have available a specific RIN 1190–AA63 0663 (voice or TTY). This is not a toll- free number. Information may also be number of fully operational captioning Nondiscrimination on the Basis of obtained from the Department’s toll-free and audio description devices. Title III of the ADA prohibits public Disability by Public ADA Information Line at (800) 514– accommodations from discriminating Accommodations—Movie Theaters; 0301 (voice) or (800) 514–0383 (TTY). against individuals with disabilities. 42 Movie Captioning and Audio You may obtain copies of the rule in U.S.C. 12182(a). It expressly requires Description alternative formats by calling the ADA Information Line at (800) 514–0301 owners, operators, or lessees of public AGENCY: Department of Justice, Civil (voice) and (800) 514–0383 (TTY). This accommodations to take ‘‘such steps as Rights Division. rule is also available on the may be necessary to ensure that no ACTION: Final rule. Department’s Web site at http:// individual with a disability is excluded, www.ada.gov. denied services, segregated or otherwise SUMMARY: treated differently * * * because of the This final rule amends the SUPPLEMENTARY INFORMATION: Department of Justice (Department) absence of auxiliary aids and services’’ regulation implementing title III of the Relationship to Other Laws unless doing so would result in an Americans with Disabilities Act of 1990 Section 36.103 of the Department’s undue burden or a fundamental (ADA), which prohibits discrimination regulation implementing title III of the alteration. 42 U.S.C. 12182(b)(2)(A)(iii). against persons with disabilities by ADA states that except as otherwise The Department’s existing regulation public accommodations and commercial provided in part 36, that part shall not implementing the obligation of covered facilities, including movie theaters. The be construed to allow a lesser standard entities to ensure effective rule adds specific requirements than the standards applied under title V communication with individuals with addressing the obligations of public of the Rehabilitation Act of 1973 (29 disabilities (28 CFR 36.303(a)–(c)) accommodations that own, lease, or U.S.C. 791) or the regulations issued by specifies that ‘‘open and closed operate movie theaters to provide Federal agencies under that title. In captioning,’’ and ‘‘audio recordings’’ are effective communication to patrons who addition, the title III regulation specifies examples of auxiliary aids and services. are deaf or hard of hearing, or blind or that part 36 does not affect the 28 CFR 36.303(b). have low vision. The rule requires that obligations of a recipient of Federal Despite the longstanding obligation to movie theater auditoriums provide financial assistance to comply with the provide effective communication, closed movie captioning and audio requirements of section 504 of the neither closed movie captioning nor description when showing a digital Rehabilitation Act of 1973 (29 U.S.C. audio description is universally movie distributed with such features 794) and any implementing regulations available at movie theaters across the unless doing so would result in an issued by Federal agencies. Finally, part United States. Data provided to the undue burden or a fundamental 36 does not invalidate or limit the Department by the movie theater alteration. The rule requires movie remedies, rights, and procedures industry in mid-2015 indicates that at theaters to have a specified number of provided under any Federal, State, or that time, approximately 70 percent of captioning devices and audio local law (including State common law) all movie theater auditoriums were description devices based on the that affords greater or equal protection already equipped to provide closed number of auditoriums in the movie to individuals with disabilities or movie captioning and audio description; theater that show digital movies. The individuals associated with them. These however, advocates and individuals rule does not impose any specific provisions remain unchanged. with hearing and vision disabilities requirements for movie theater Compliance with the Department’s ADA have reported that the availability of auditoriums that exhibit analog movies regulations does not ensure compliance these services continues to vary exclusively. with other Federal statutes. significantly depending on a movie theater’s location and ownership. In DATES: This rule is effective January 17, I. Executive Summary 2017. Public accommodations with addition, it is the Department’s view movie theater auditoriums showing A. Purpose of the Rule that the availability of closed movie digital movies on December 2, 2016 The Department of Justice is issuing captioning, and to a lesser extent audio must comply with the rule’s this final rule in order to amend its description, is largely due to successful requirement to provide closed movie regulation implementing title III of the litigation brought by State attorneys captioning and audio description in ADA (42 U.S.C. 12181 et seq.), which general or private plaintiffs representing such auditoriums by June 2, 2018. If a covers public accommodations and individuals with disabilities. As a public accommodation converts a movie commercial facilities—including movie result, although individuals with theater auditorium from an analog theaters. Public accommodations that hearing and vision disabilities are an projection system to a system that it own, lease, or operate movie theaters ever-increasing segment of the aging allows it show digital movies after have an existing obligation to provide population, in many cases they continue December 2, 2016, the public effective communication to persons to be unable to enjoy movies with accommodation must comply with the with disabilities through the use of family or friends, participate in rule’s requirement to provide closed auxiliary aids and services, and this rule conversations about recent movie movie captioning and audio description provides greater specificity as to what 1 In this rule, the Department uses the term in such auditoriums by December 2, those obligations are when showing ‘‘closed movie captioning’’ to refer to the provision 2018, or within 6 months of that digital movies. The rule explicitly of captions to movie theater patrons at their seats auditorium’s complete installation of a requires public accommodations that through the use of individual captioning devices. VerDate Sep<11>2014 20:11 Dec 01, 2016 Jkt 214001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\02DER4.SGM 02DER4 sradovich on DSK3GMQ082PROD with RULES4 Federal Register / Vol. 81, No. 232 / Friday, December 2, 2016 / Rules and Regulations 87349 releases, or otherwise take part in any and audio description provide such Sixth, the rule requires movie theaters meaningful way in this important aspect features to patrons with hearing and that exhibit digital movies to provide of American culture. Because the ADA’s vision disabilities at all showings. The the public with notice as to the effective communication requirements rule does not require movie theaters to availability of captioning and audio apply to all public accommodations add captions or audio description for description. This provision is necessary (including movie theaters) and protect movies that are not produced or so that movie patrons who are deaf or the rights of persons with disabilities in distributed with these features. Nor does hard of hearing, or blind or have low every jurisdiction in the United States, the rule prohibit movie theaters from vision, can find out which movies are all movie theaters must ensure that they showing digital movies that are not accessible to them. meet those requirements by providing produced with captioning or audio Finally, the rule requires movie closed movie captioning and audio description or from choosing to show theaters that exhibit digital movies to description upon request to all patrons the analog version of a particular movie, have staff available who are able to who are deaf or hard of hearing, or blind even if that movie is also produced in operate and respond to problems with or have low vision, unless doing so digital format with captioning and audio all equipment necessary to deliver results in an undue burden or a description. The rule also specifies that captioning and audio description and to fundamental alteration. movie theaters that convert from analog show patrons how to use the individual The requirements of this rule are in projection systems to digital cinema devices whenever digital movies with addition to a movie theater’s current projection systems after the publication such features are shown. obligation to provide assistive listening date of the rule in the Federal Register As with other effective systems and receivers pursuant to must comply with the requirements of communication obligations under the sections 219 and 706 of the 2010 ADA the rule either 6 months from the date ADA, public accommodations do not Standards for Accessible Design (2010 of conversion or 24 months from the have to comply with these requirements Standards).2 Assistive listening publication date, whichever is later. to the extent that they constitute an receivers are effective for persons who Third, the rule requires movie undue burden or a fundamental are hard of hearing and who only theaters to have a minimum number of alteration. require sound amplification. They do fully operational captioning devices 3 not, however, provide effective C. Costs and Benefits and to provide them to patrons upon communication for individuals who are request.