; (2) in paragraph (2), by inserting (or which would have such jurisdiction if publication of the final rule constituted final agency action) after provision of law, ; and (3) in paragraph (3)— (A) by striking final agency action and inserting publication of the final rule ; and (B) by inserting , in the case of a rule for which the date of final agency action is the same date as the publication of the final rule, after except that . (b) Intervention by chief counsel for advocacy Section 612(b) of title 5, United States Code, is amended by inserting before the first period or agency compliance with section 601, 603, 604, 605(b), 609, or 610 . 9. Jurisdiction of court of appeals over rules implementing the regulatory flexibility act (a) In general Section 2342 of title 28, United States Code, is amended— (1) in paragraph (6), by striking and at the end; (2) in paragraph (7), by striking the period at the end and inserting ; and ; and (3) by inserting after paragraph (7) the following: (8) all final rules under section 608(a) of title 5. . (b) Conforming amendments Section 2341(3) of title 28, United States Code, is amended— (1) in subparagraph (D), by striking and at the end; (2) in subparagraph (E), by striking the period at the end and inserting ; and