10.91—Saving provision.
         Any proceeding instituted under this part prior
 to July 26, 2002, for which a final decision has
 not been reached or for which judicial review is
 still available will not be affected by these
 revisions. Any proceeding under this part based on
 conduct engaged in prior to September 26, 2007,
 which is instituted after that date, will apply
 subpart D and E or this part as revised, but the
 conduct engaged in prior to the effective date of
 these revisions will be judged by the regulations
 in effect at the time the conduct occurred.