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Congress delegated the authority to implement the NFA to ATFE, and that gives ATFE the authority to say what does or does not fit within the definition of machine gun. Because ATFE was granted the authority to make those determinations and issue the implementing regulations, federal courts give considerable deference to ATFE's decisions as to what the regs mean.
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That may be true, but the Constitution, the highest law in the land, grants judicial power solely to the Supreme Court and her inferior courts. Giving the BATFE judicial power is exactly like giving a prosecutor judicial power; in other words, it is Unconstitutional.
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Atkins can sue, but it will need to convice the court that ATFE's decision was effectively unsupportable and arbitrary.
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Either the Akins Accelerator is a machine gun, or it is not a machine gun. There is no middle ground. If they can prove the AA is not a machine gun, they will have by definition proven the BATFE's stance to be unsupportable.