UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 01-1030 KERMIT H. BENDER, Petitioner, versus TALON RESOURCES, INCORPORATED; WEST VIRGINIA COAL WORKERS’ PNEUMOCONIOSIS FUND; DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondents. On Petition for Review of an Order of the Benefits Review Board. (00-172-BLA, 99-440-BLA) Submitted: April 12, 2001 Decided: April 18, 2001 Before NIEMEYER, WILLIAMS, and GREGORY, Circuit Judges. Affirmed by unpublished per curiam opinion. Kermit H. Bender, Petitioner Pro Se. Robert Weinberger, Senior As- sistant Attorney General, Konstantine Keian Weld, OFFICE OF THE ATTORNEY GENERAL OF WEST VIRGINIA, Charleston, West Virginia; Patricia May Nece, Timothy S. Williams, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Respondents. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Kermit H. Bender seeks review of the Benefits Review Board’s decision and order affirming the administrative law judge’s denial of black lung benefits pursuant to 30 U.S.C.A. §§ 901-945 (West 1986 & Supp. 2000). Our review of the record discloses that the Board’s decision is based upon substantial evidence and is without reversible error. Accordingly, we affirm on the reasoning of the Board.* See Bender v. Talon Resources, Inc., Nos. 00-172-BLA; 99- 440-BLA (Nov. 21, 2000). We dispense with oral argument because the facts and legal contentions are adequately presented in the ma- terials before the court and argument would not aid the decisional process. AFFIRMED * We have considered the recent revisions to the regulations implementing the Black Lung Benefits Act, see Regulations Imple- menting the Federal Coal Mine Health and Safety Act of 1969, as amended; 65 Fed. Reg. 79919 (December 20, 2000), and have deter- mined that the revisions do not affect the outcome of this case. 2