In a petition for review of the Transportation Security Administration's (TSA) imposition of passenger security fees on airlines, the petition is denied where: 1) petitioner's technical objection to the TSA's use of nonrandom judgmental sampling in auditing airlines is unfounded; and 2) the auditors' sampling methodology drew broadly from flights in every year during the audited period and the sampling was designed to select a fairly representative sample of the audited population.
Argued October 20, 2009
Decided December 11, 2009
Opinion by Judge Rogers
M. Roy Goldberg, Washington, DC
Jeffrey Clair, Attorney, U.S. Department of Justice, Washington, DC