[Weekly Compilation of Presidential Documents Volume 45, Number 2 (Monday, January 19, 2009)]
[Pages 31-32]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 13485--Providing an Order of Succession Within the 
Department of Transportation

January 9, 2009

    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,

[[Page 32]]

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.
                                                George W. Bush
 The White House,
 January 9, 2009.

 [Filed with the Office of the Federal Register, 8:45 a.m., January 13, 
2009]

Note: This Executive order was published in the Federal Register on 
January 14. This item was not received in time for publication in the 
appropriate issue.