Providing an Order of Succession Within the Department of Transportation

Executive Order 13485 of January 9, 2009

Providing an Order of Succession Within the
Department of Transportation

By the authority vested in me as President under the
Constitution and the laws of the United States of
America, including the Federal Vacancies Reform Act of
1998, 5 U.S.C. 3345 et seq., it is hereby ordered that:

Section 1. Order of Succession. Subject to the
provisions of section 2 of this order, the following
officials of the Department of Transportation, in the
order listed, shall act as and perform the functions
and duties of the office of the Secretary of
Transportation (Secretary), during any period in which
the Secretary, the Deputy Secretary of Transportation,
the Under Secretary of Transportation for Policy, and
the officials designated by the Secretary pursuant to
49 U.S.C. 102(e) have died, resigned, or otherwise
become unable to perform the functions and duties of
the office of Secretary, until such time as the
Secretary or one of the officials listed above is able
to perform the duties of that office:

(a) Administrator of the Federal Highway
Administration;
(b) Administrator of the Federal Aviation
Administration;
(c) Administrator of the Federal Motor Carrier
Safety Administration;
(d) Administrator of the Federal Railroad
Administration;
(e) Administrator of the Federal Transit
Administration;
(f) Administrator of the Maritime Administration;
(g) Administrator of the Pipeline and Hazardous
Materials Safety Administration;
(h) Administrator of the National Highway Traffic
Safety Administration;
(i) Administrator of the Research and Innovative
Technology Administration;
(j) Administrator of the Saint Lawrence Seaway
Development Corporation;
(k) Regional Administrator, Southern Region,
Federal Aviation Administration;
(l) Director, Resource Center, Lakewood, Colorado,
Federal Highway Administration; and
(m) Regional Administrator, Northwest Mountain
Region, Federal Aviation Administration.

Sec. 2. Exceptions. (a) No individual who is serving in
an office listed in section 1 in an acting capacity, by
virtue of so serving, shall act as Secretary pursuant
to this section.

(b) No individual who is serving in an office
listed in section 1 shall act as Secretary unless that
individual is otherwise eligible to so serve under the
Federal Vacancies Reform Act of 1998.
(c) Notwithstanding the provisions of this order,
the President retains discretion, to the extent
permitted by law, to depart from this order in
designating an acting Secretary.

Sec. 3. This order supersedes the President's
Memorandum of March 19, 2002 (Designation of Officers
of the Department of Transportation).

Sec. 4. This order is intended to improve the internal
management of the executive branch and is not intended
to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in
equity, by any party against the United States, its
agencies, instrumentalities, or entities, its officers,
employees, or agents, or any other person.

THE WHITE HOUSE,

January 9, 2009.