surplusage

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.

Another canon of statutory interpretation courts are supposed to employ when ascertaining whether a statute is ambiguous is a rule against treating words as “mere surplusage.”