Bush appointed Van Tine by exercising a presidential privilege that allows appointments without Senate approval during a Congressional recess.

Senate leaders said they would consider Van Tine’s nomination in January. "This action permits Mr. Van Tine to begin immediately fulfilling the responsibilities of the job," Mineta said.

FedEx officials are not pleased by Van Tine’s appointment because the company is in a legal battle with DOT over how much assistance it should have received after the 9/11 attacks. Van Tine played a crucial role in determining how much money airlines received and DOT has demanded that FedEx return $38 million of the $100 million it received from taxpayers. "We hope that the administration will consider the concerns of those in the transportation industry when they move forward with a nominee for a permanent position," said FedEx spokeswoman Kristin Krause. “We have not changed our view."

According to his official bio, before joining DOT as general counsel, Van Tine was with the Washington office of the law firm Baker Botts, which he joined in 1978 and where he was made a partner in 1987. He has been active in the D.C. Bar, serving as co-chair of the Bar's Litigation and Law Practice Management Sections as well as chairing its Election Board. Van Tine graduated from the U.S. Naval Academy in 1970. He completed the Navy's postgraduate nuclear engineering program in 1971 and served as a submarine officer until 1975. He then enrolled in the University of Virginia School of Law where he received his law degree in 1978.