Without public comment, the Federal Highway Administration (FHWA) and DOT issued a final rule repealing the 2023 “GHG Rule.” That rule had required state departments of transportation (State DOTs) and metropolitan planning organizations (MPOs) to assess the performance of the National Highway System (NHS) under the National Highway Performance Program (NHPP) by establishing declining carbon-dioxide emissions targets, and measuring and reporting on the percent change in tailpipe carbon-dioxide emissions on the NHS from the calendar year 2022 (also referred to as the Greenhouse Gas or GHG measure). The rule had never taken effect, due to legal challenges. FHWA and DOT justified issuing this final rule without public comment under the Administrative Procedure Act’s 5 U.S.C. 553(b)(B), which states that requirements for public participation do not apply when the agency, for good cause, finds that those procedures are “impracticable, unnecessary, or contrary to the public interest.” FHWA and DOT claim that public comment is unnecessary for this rulemaking because FHWA lacks legal discretion to allow the GHG measure to become effective, so that “repealing the rule has no substantive effect on the public.”