study did not completely comply with the requirements of its Noise Guidebook is not, of itself, sufficient to show that its reliance on the study was not in accordance with law or arbitrary and capricious. In Lyng v. Payne, 476 U.S. 926, 937, 106 S.Ct. 2333, 90 L.Ed.2d 921 (1986), the Supreme Court held that “not all agency publications are of binding force” — in other words, the guidelines in question must be “the kind of agency law the violation of which is remediable at all.” Generally, to be legally binding on an agency, its own publications must have been “promulgated pursuant to a specific statutory grant of authority and in conformance with the procedural requirements imposed by Congress.” See, e.g., Schweiker v. Hansen, 450 U.S. 785, 789-90, 101 S.Ct. 1468, 67 L.Ed.2d 685, (<HOLDING>); Fano v. O’Neill, 806 F.2d 1262, 1264 (5th
holding that the claims court has no jurisdiction under the tucker act over claims to social security benefits holding social security administration claims manual is not binding agency rule holding that a social security disability determination is a legal proceeding holding a social security number is not private holding employee manual binding based in part on its widespread distribution