[Federal Register Volume 74, Number 9 (Wednesday, January 14, 2009)]
[Presidential Documents]
[Pages 2287-2288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-814]


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  Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 2287]]

                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).

[[Page 2288]]

                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.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    January 9, 2009.

[FR Doc. E9-814
Filed 1-13-09; 8:45 am]
Billing code 3195-W9-P