Energy, environment and natural resources

Executive Order 13485: Providing an Order of Succession Within the Department of Transportation, 2009

President: George W. Bush

Set a Transportation acting-secretary sequence for a vacancy or incapacity.

Status: In effect. Is Executive Order 13485 still in effect? Yes. Executive Order 13485 remains in effect. See Federal Register record.

What does Executive Order 13485 do?

The order listed DOT offices in sequence to perform the Secretary’s functions when the officeholder could not, subject to statutory eligibility and presidential discretion. The signed order is the original 2009 succession record; this review does not establish its use in a particular vacancy or a later comprehensive replacement.

SignedJanuary 9, 2009
Earlier frameworkThe Federal Vacancies Reform Act allows specified acting service and limits duration and eligibility.
Responsible bodyEligible DOT officials and President
Follow-up evidenceJanuary 9, 2009: The signed order is the original 2009 succession record; this review does not establish its use in a particular vacancy or a later comprehensive replacement.

Before and after

Before the order

The Federal Vacancies Reform Act allows specified acting service and limits duration and eligibility.

After the order

The order listed DOT offices in sequence to perform the Secretary’s functions when the officeholder could not, subject to statutory eligibility and presidential discretion.

The signed order is the original 2009 succession record; this review does not establish its use in a particular vacancy or a later comprehensive replacement.

What did the signed order change?

The Federal Vacancies Reform Act allows specified acting service and limits duration and eligibility. The order listed DOT offices in sequence to perform the Secretary’s functions when the officeholder could not, subject to statutory eligibility and presidential discretion.

What happened later?

Signed EO 13485 — DOT succession list: The signed order is the original 2009 succession record; this review does not establish its use in a particular vacancy or a later comprehensive replacement.

What does that evidence establish?

The order governs internal continuity within the Vacancies Reform Act and creates no right to office for a listed person. A succession list is not proof of an acting appointment. The signed order states the original requirements.

Who had to do what

Source: Signed Federal Register text.
Agency / officeActionTiming / position
Administrator of the Federal Highway AdministrationAct as Transportation Secretary in succession position 1, when preceding officials cannot serve; must be independently eligible under the Federal Vacancies Reform Act and cannot qualify merely by acting in the listed office.When the Secretary, Deputy Secretary, Under Secretary for Policy, Secretary-designated officials, and earlier listed successors cannot serve; until a preceding official can resume.
Administrator of the Federal Aviation AdministrationAct as Transportation Secretary in succession position 2, when preceding officials cannot serve; must be independently eligible under the Federal Vacancies Reform Act and cannot qualify merely by acting in the listed office.When the Secretary, Deputy Secretary, Under Secretary for Policy, Secretary-designated officials, and earlier listed successors cannot serve; until a preceding official can resume.
Administrator of the Federal Motor Carrier Safety AdministrationAct as Transportation Secretary in succession position 3, when preceding officials cannot serve; must be independently eligible under the Federal Vacancies Reform Act and cannot qualify merely by acting in the listed office.When the Secretary, Deputy Secretary, Under Secretary for Policy, Secretary-designated officials, and earlier listed successors cannot serve; until a preceding official can resume.
Administrator of the Federal Railroad AdministrationAct as Transportation Secretary in succession position 4, when preceding officials cannot serve; must be independently eligible under the Federal Vacancies Reform Act and cannot qualify merely by acting in the listed office.When the Secretary, Deputy Secretary, Under Secretary for Policy, Secretary-designated officials, and earlier listed successors cannot serve; until a preceding official can resume.
Administrator of the Federal Transit AdministrationAct as Transportation Secretary in succession position 5, when preceding officials cannot serve; must be independently eligible under the Federal Vacancies Reform Act and cannot qualify merely by acting in the listed office.When the Secretary, Deputy Secretary, Under Secretary for Policy, Secretary-designated officials, and earlier listed successors cannot serve; until a preceding official can resume.
Administrator of the Maritime AdministrationAct as Transportation Secretary in succession position 6, when preceding officials cannot serve; must be independently eligible under the Federal Vacancies Reform Act and cannot qualify merely by acting in the listed office.When the Secretary, Deputy Secretary, Under Secretary for Policy, Secretary-designated officials, and earlier listed successors cannot serve; until a preceding official can resume.
Administrator of the Pipeline and Hazardous Materials Safety AdministrationAct as Transportation Secretary in succession position 7, when preceding officials cannot serve; must be independently eligible under the Federal Vacancies Reform Act and cannot qualify merely by acting in the listed office.When the Secretary, Deputy Secretary, Under Secretary for Policy, Secretary-designated officials, and earlier listed successors cannot serve; until a preceding official can resume.
Administrator of the National Highway Traffic Safety AdministrationAct as Transportation Secretary in succession position 8, when preceding officials cannot serve; must be independently eligible under the Federal Vacancies Reform Act and cannot qualify merely by acting in the listed office.When the Secretary, Deputy Secretary, Under Secretary for Policy, Secretary-designated officials, and earlier listed successors cannot serve; until a preceding official can resume.
Administrator of the Research and Innovative Technology AdministrationAct as Transportation Secretary in succession position 9, when preceding officials cannot serve; must be independently eligible under the Federal Vacancies Reform Act and cannot qualify merely by acting in the listed office.When the Secretary, Deputy Secretary, Under Secretary for Policy, Secretary-designated officials, and earlier listed successors cannot serve; until a preceding official can resume.
Administrator of the Saint Lawrence Seaway Development CorporationAct as Transportation Secretary in succession position 10, when preceding officials cannot serve; must be independently eligible under the Federal Vacancies Reform Act and cannot qualify merely by acting in the listed office.When the Secretary, Deputy Secretary, Under Secretary for Policy, Secretary-designated officials, and earlier listed successors cannot serve; until a preceding official can resume.
Regional Administrator, Southern Region, Federal Aviation AdministrationAct as Transportation Secretary in succession position 11, when preceding officials cannot serve; must be independently eligible under the Federal Vacancies Reform Act and cannot qualify merely by acting in the listed office.When the Secretary, Deputy Secretary, Under Secretary for Policy, Secretary-designated officials, and earlier listed successors cannot serve; until a preceding official can resume.
Director, Resource Center, Lakewood, Colorado, Federal Highway AdministrationAct as Transportation Secretary in succession position 12, when preceding officials cannot serve; must be independently eligible under the Federal Vacancies Reform Act and cannot qualify merely by acting in the listed office.When the Secretary, Deputy Secretary, Under Secretary for Policy, Secretary-designated officials, and earlier listed successors cannot serve; until a preceding official can resume.
Regional Administrator, Northwest Mountain Region, Federal Aviation AdministrationAct as Transportation Secretary in succession position 13, when preceding officials cannot serve; must be independently eligible under the Federal Vacancies Reform Act and cannot qualify merely by acting in the listed office.When the Secretary, Deputy Secretary, Under Secretary for Policy, Secretary-designated officials, and earlier listed successors cannot serve; until a preceding official can resume.
PresidentMay depart from the listed sequence when lawfully designating an acting Secretary.When designating an acting Secretary; no fixed deadline.

What happened next

EO 13485 signed.

The signed order is the original 2009 succession record; this review does not establish its use in a particular vacancy or a later comprehensive replacement.