51�Թ�

In a Jan. 31 motion to narrow their indictment against Todorova, prosecutors asked that she be charged solely for distributing fentanyl to Mascolo, striking “surplusage and factual allegations” pertaining to his death.

Some of that surplusage is sold by private surplus retailers.

But “our preference for avoiding surplusage constructions is not absolute.”

The FAA seems to believe that the “Notwithstanding any other provision…” clause does all of the heavy lifting in this statute, relegating the “may not promulgate any rule” provision to mere surplusage.

Unlike alternative interpretations, this plain-meaning interpretation creates no surplusage or anomalies, considers both text and context, and is consistent with the structure of the relevant sections.