FlightPath:
That is why all OEI procedures are all custom. Nothing in the criteria supports OEI, especially the obstacle clearance surfaces.
Even if you can make 2.5% OEI, you still must have a custom procedure design approved by the regulator.
Alas, the regulator in this country is incapable of determining whether the operator's OEI procedure will work. So, it's all in the hands of the operator's performance engineering department.
The FAA does have to ostensibly approve carrier deviations from public departure procedures, which the carrier represents as meeting both TERPs and Part 25 OEI takeoff flight path requirements.
Thank goodness for the reliability of modern jet engines, at least above V1 and for awhile after that.