Presidential Documents

2287 

Federal Register 

Vol. 74, No. 9 

Wednesday, January 14, 2009 

Title 3— 

The President 

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). 


rwilkins on PROD1PC63 with PROPOSALS
2288 Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Presidential Documents 

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. 

[FR Doc. E9–814 

Filed 1–13–09; 8:45 am] 

Billing code 3195–W9–P 


rwilkins on PROD1PC63 with PROPOSALSGWBOLD.EPS</GPH>