Providing an Order of Succession Within the Department of Transportation

In simple terms

This executive order establishes a detailed line of succession for the Department of Transportation, specifying which officials would serve as acting Secretary if the Secretary, Deputy Secretary, Under Secretary for Policy, and other designated officials become unable to serve. It lists 13 officials in priority order, from Federal Highway Administration Administrator down to a regional FAA administrator, while preserving presidential discretion to depart from the list.

Federal Register Open PDF 74 FR 2287

Record & deadlines

Jan 9, 2009Signed
Signed by the President
Jan 14, 2009FR published
Published in the Federal Register · 74 FR 2287
Federal Register PDF
Mar 19, 2002
Supersede March 19, 2002 presidential memorandum

Key directives

Establish 13-person order of succession for DOT Secretary
Exclude acting officials from ascending to Secretary under this order
Require eligibility under Federal Vacancies Reform Act for succession
Preserve presidential discretion to depart from this order
Supersede March 19, 2002 presidential memorandum

Prior policy

supersedePresident's Memorandum of March 19, 2002 (Designation of Officers of the Department of Transportation)

What to expect

Immediate

Order takes effect upon signing; succession line is active for any current or future vacancy

Near term (90d)

—

Long term

Remains in force until superseded; governs all future DOT Secretary vacancies

Risks & tensions

Low tension: routine administrative housekeeping updating 2002 memorandum
Potential ambiguity if multiple officials in line are themselves acting; Sec. 2(a) creates blocking condition but not clear contingency if entire line is acting
Presidential discretion in Sec. 2(c) may undermine predictability of succession chain
No right or benefit created—individuals cannot legally enforce their place in line