FAA only sends ADVISORY circulars hence you will see many airlines are missing or not implementing potential safety issues.
Missed approach climb gradient(toga one engine/flaps15) is one that is calculated and taken into account by DISPATCH in JAA not by the FAA.(yes may limit take off weight,FAA doesnt like that, too expensive for their airlines).
Recalculating such a gradient as conditions may have changed(landing temp,weight,wing anti ice use..)and landing distance(runway change,tailwind increase,rain) by dispatch is another JAA rule but yet just an ADVISORY issue for the FAA....in the mean time overruns keep on going...