lets try this again (cant edit)
Appears to be just like administrative rule making!!
from ruling page 38
[W]e should feel deep discomfort at allowing an agency to de- fine the very criminal rules it will enforce by implicit delega- tion. Such a delegation “turn the normal construction of criminal statutes upside down, replacing the doctrine of lenity with a doctrine of severity.” Carter v. Welles-Bowen Realty, Inc., 736 F.3d 722, 730 (6th Cir. 2013) (Sutton, J., concurring). The delegation raises serious constitutional concerns by making ATF the expositor, executor, and interpreter of criminal laws.