Page:United States Statutes at Large Volume 102 Part 5.djvu/746

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PUBLIC LAW 100-000—MMMM. DD, 1988

102 STAT. 4752

PUBLIC LAW 100-710—NOV. 23, 1988 REPEALS

46 USC note prec. 2101.

SEC. 106. (a) The repeal of a law by this title may not be construed as a legislative implication that the provision was or was not in effect before its repeal. (b) The following laws are repealed, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun, before the effective date of this title: (1) sections 40 and 42 of the Shipping Act, 1916 (46 App. U.S.C. 838, 840); (2) section 30 of the Merchant Marine Act, 1920 (46 App. U.S.C. 911-984); (3) the Act of February 16, 1925 (46 App. U.S.C. 1011-1014); (4) Reorganization Plan No. 1 of 1967 (46 App. U.S.C. 961 (note)); and (5) sections 12109(c), 12113, 12114, 12115, 12116, 12118, and 12121 of title 46, United States Code. EFFECTIVE DATES

46 USC 30101 note.

SEC. 107. (a) This title and amendments made by this title take effect on January 1, 1989. However, sections 31321 and 31322 of title 46 (as enacted by section 102 of this Act), United States Code (as sections 31321 and 32322 apply to vessels for which an application for documentation has been filed), take effect on January 1, 1990. (b) An instrument filed before January 1, 1989, but not recorded before that date, is deemed to comply with section 31321 of title 46, United States Code, if it is in substantial compliance with the provisions in that section that had corresponding requirements under the law on December 31, 1988. However, the mortgage may not become a preferred mortgage until the vessel is documented. (c) This title and the amendments made by this title do not affect the validity of any instrument filed or recorded before January 1, 1989, if there was a corresponding requirement under the law on December 31, 1988. (d) An instrument filed or recorded before January 1, 1989, is deemed to comply with any new requirement under chapter 313 of title 46, United States Code (as enacted by section 102 of this Act), affecting the validity of that instrument. (e) Section 102 of this Act and amendments made by that section do not affect any civil action filed before January 1, 1989. (f) Section 104(b) of this Act and the amendments made by section 104(b) of this Act do not apply to any change in control resulting from, or which may at any time result from, any proposed plan of reorganization filed under the United States bankruptcy laws prior to the date of enactment of this Act, except that transactions undertaken as a result of such a plan shall continue to be governed by section 9 of the Shipping Act, 1916 (46 App. U.S.C. 808), as it existed prior to the date of enactment of this Act, to the extent that such section 9 would have governed such transactions. TITLE II—DOCUMENTATION AND REPEALS COASTWISE AND FISHERIES DOCUMENTATION

SEC. 201. (a) Notwithstanding sections 12106 through 12108 of title 46, United States Code, and section 27 of the Merchant Marine Act,