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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

3.2.2.2. Medium Accessibility Baseline

The Medium Accessibility baseline is used in the cost estimation for the primary analysis presented in Section 4.1.  The Medium Accessibility baseline assumes that:

  • The percentage of auditoriums equipped to provide closed movie captioning or audio description amongst auditoriums operated by all NATO members is true for all indoor auditoriums exhibiting digital movies in the United States.

As previously discussed in Section 3.2.1, NATO member companies operate approximately 32,499 auditoriums.  The Medium Accessibility baseline assumes that the percentage of auditoriums equipped to provide closed movie captioning or audio description amongst auditoriums operated by NATO members is true for the entire industry.  This differs from the Low Accessibility baseline, which assumes that no auditoriums outside of those included in the 2015 survey are equipped to provide closed movie captioning or audio description.  The Medium Accessibility baseline is calculated by dividing the number of auditoriums equipped to provide closed movie captioning or audio description, as reported in the 2015 survey, by the total number of auditoriums operated by NATO members, as shown in Table 3-9.

Table 3-9 : Medium Accessibility Baseline for Captioning and Audio Description

Technology

Auditoriums Equipped to Provide Captioning/ Audio Description*

÷

Total
Number of Auditoriums  Operated by NATO Members*

=

Medium Accessibility Baseline

Number of Auditoriums Exhibiting Digital Movies Equipped to Provide Captioning/ Audio Description in Compliance Year
(2017)**

Closed Movie Captioning

22,836

÷

32,499

=

70.3%

27,641

Audio Description

22,673

÷

32,499

=

69.8%

27,444

*Source: NATO, 2015 Accessibility Survey (2015) on RIN 1190-AA63, CRT Docket No. 126, Nondiscrimination on the Basis of Disability by Public Accommodations—Movie Theaters; Movie Captioning and Audio Description, available at
 http://www.regulations.gov/contentStreamer?documentId=DOJ-CRT-2014-0004-0426&attachmentNumber=2&disposition=attachment&contentType=pdf (last visited Sept. 12, 2016).

**Based on estimated total number of indoor digital auditoriums (39,338) in compliance year (2017)

The Medium Accessibility baseline assumes that 70 percent of auditoriums are equipped to provide closed movie captioning and 70 percent are equipped to provide audio description.

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