; or (ii) are capable within a reasonable time of offering a service that substantially performs the material functions of such service that the Board would provide and of offering the service to member and nonmember depository institutions on nondiscriminatory terms, regardless of the size of the institution. (B) Central bank money The ability of the Board to settle interbank obligations using balances at the central bank (also referred to as central bank money) shall not alone be sufficient to support a determination by the Board that other providers alone cannot be expected to provide such service with reasonable effectiveness, scope, and equity. (3) Exception The service offered by the Board known as the Federal Funds Wire Service is not subject to the requirements of this subsection. (4) Final rule The Board shall publish in the Federal Register, in accordance with section 553 of title 5 of the United States Code, a final rule that states any determination made pursuant to paragraph (1) and explains the basis for such determination. (5) Judicial review (A) In general Any person adversely affected or aggrieved by a failure of the Board to properly make a determination under this subsection before providing a new payment service or substantially changing or expanding an existing payment service is entitled to judicial review thereof. (B) Deference A court may not give deference to the Board when conducting a review under this paragraph. .