FHWA ORDER M 1100.1A
FHWA DELEGATIONS AND ORGANIZATION MANUAL

PART I. DELEGATIONS OF AUTHORITY
CHAPTER 2. ORDER OF SUCCESSION

PARAGRAPH

1. What is the purpose of this chapter?

2. What is the order of succession to the position of Federal Highway Administrator?

3. What limitations are placed on eligibility for succession to the position of Federal Highway Administrator?

4. What authorities may be delegated to Headquarters and field officials?

5. What is the order of succession to other key FHWA positions?

1. What is the purpose of this chapter? This chapter provides for the continuity of essential functions through the orderly succession of officials of the Federal Highway Administration (FHWA) to the position of Federal Highway Administrator in case of the Administrator's absence, a vacancy in that office, or the inability of the Administrator to act during a disaster or national security crisis. In addition, the chapter requires that Headquarters Offices, Resource Centers, and field Division Offices develop similar orders of succession to key positions.

2. What is the order of succession to the position of Federal Highway Administrator? In accordance with procedures established in the FHWA Continuity of Operations Plan, the following officials, in the order indicated below, shall act in the office of the Federal Highway Administrator in case of the Administrator's absence or inability to act, until the absence or inability ceases. In the event that the position of Administrator is vacant, listed officials shall act until a successor is appointed.

   1. The Deputy Federal Administrator is "first assistant" for purposes of the Federal Vacancies Reform Act of 1998 (5 U.S.C. §3345-3349d) and shall, in the absence or disability of the Administrator, or in the event of a vacancy in the Office of the Administrator, serve as Acting Administrator, subject to the limitations established by law.
      
      
   2. In the event of the absence or disability of both the Administrator and the Deputy Administrator, or in the event of a vacancy in both the office of the Administrator and the Deputy Administrator, the official incumbents jof the following positions shall, in the sequence shown, perform all of the functions and duties of the Administrator, except to the extent that such functions and duties may not be delegated by law.
      
      

   (1)   Executive Director

   (2)   Chief Counsel

   (3)   Associate Administrator for Policy

   (4)   Associate Administrator for Infrastructure

   (5)   Associate Administrator for Planning Environment and Realty

   (6)   Associate Administrator for Operations

   (7)   Associate Administrator for Federal Lands Highway

   (8)   Associate Administrator for Safety

   (9)   Associate Administrator for Research, Development, and Technology

   (10)   Associate Administrator for Administration

   (11)   Director of Field Services - West

   (12)   Director of Field Services - South

   (13)   Director of Field Services - East

   3. Directors of Field Services. Any Director of Field Services succeeding to the position of Acting Administrator may discharge the duties of that office from his/her location at the time of succession, until it is possible to relocate to the Headquarters Office.

3. What limitations are placed on eligibility for succession to the position of Federal Highway Administrator? Eligibility for succession to the position of FHWA Administrator shall be limited to officially assigned incumbents of positions listed in paragraph 2b, above. Only officials specifically designated in the approved order of succession are eligible. Persons appointed on an acting basis, or on some other temporary basis, are ineligible to serve as a successor; therefore, the order of succession would fall to the next designated official in the approved order of succession.

4. What authorities may be delegated to Headquarters and field officials?

   1. Deputy Federal Highway Administrator, Executive Director, Associate Administrators Designated on the Succession List, Chief Counsel, and Directors of Field Services. In the event of the absence or disability of the Administrator, or in the event that the Administrator's position is vacant, the Deputy Federal Highway Administrator is the only FHWA official authorized to serve as Acting Administrator. When serving as Acting Administrator, the Deputy Administrator is authorized to perform all of the functions and duties of the Administrator, including those functions and duties that are required by statute or regulation to be performed exclusively by the Administrator. In the event of the absence or disability of both the Administrator and the Deputy Administrator, or in the event that both the office of the Administrator and the Deputy Administrator are vacant, the officials in the order of succession indicated in paragraph 2b shall perform all the functions and duties of the Administrator, but may not serve as Acting Administrator.
      
      

   2. Resource Center Managers, Division Administrators, and Federal Lands Highway (FLH) Division Engineers. When communications cannot be established with a higher authority during a national emergency, Resource Center Managers, Division Administrators, and FLH Division Engineers are delegated the authority to perform, with respect to the geographic area to which he/she is assigned, functions and duties of the positon of Federal Highway Administrator. The delegations in this chapter shall not apply to any official who can establish and maintain prompt telecommunications with a designated higher authority.

   3. Termination of Delegation of Authority. The Federal Highway Administrator may terminate the delegations in this chapter, in whole or in part, at any time.

5. What is the order of succession to other key FHWA positions?

   1. Deputy Federal Highway Administrator and Executive Director. Succession to the position of Deputy Federal Highway Administrator may follow that established for succession to the Administrator's position in paragraph 2b, based on the incumbent's or Acting Federal Highway Administrator's determination of the need for continuation of the Deputy position. Succession to the position of Executive Director will follow the order listed in paragraph 2b, above, with the exception that the Chief Counsel and Associate Administrator for Policy will not serve in the capacity of Executive Director.

   2. Associate Administrators, Chief Counsel, Headquarters Office Directors, and Directors of Field Services. Each Associate Administrator and Headquarters Office Director shall develop an order of succession to his/her position to a depth of four or more positions. Directors of Field Services shall develop an order of succession to his/her position to a depth of at least two positions. A copy of the order of succession, revised as necessary to keep it current, shall be provided to: the Federal Highway Administrator, each individual listed on the successor list, and the Emergency Preparedness Coordinator in the Office of Operations (HOTO-1).

   3. Resource Center Managers, Division Administrators, and FLH Division Engineers. Each Resource Center Manager, Division Administrator, and FLH Division Engineer shall develop an order of succession to his/her position to a depth of at least four positions. A copy of the order of succession, revised as necessary to keep it current, shall be provided to the respective Director of Field Services or Associate Administrator for Federal Lands Highway and each individual listed on the successor list.