I imagine that they take that into account for your landing weight at destination.
That's one of the two .. the other being approach climb limited weight.
(a) approach climb limit is based on the approach configuration (wheels up, approach flap and OEI). See
FAR 25.121
(b) landing climb limit is based on the landing configuration (wheels down, land flap and AEO). See
FAR 25.119. Both rules have changed a bit over the years - you can look up the changes at
the FAA website if you are really keen.
The AFM contains both of the these although it gets a bit confusing in some cases if one is hidden within the graphs and becomes transparent to the enquiring pilot.
That's also why the missed approach procedural sequence is as it typically is .. to get from landing to approach configuration for OEI capability.
if you return to land at the field you've just departed from
Then you might be looking at dumping, holding, or exercising command prerogative and landing overweight, keeping in mind that the design standards have a looksee at landing overweight but with reduced impact capability .. ie do it gently.
FAA only sends ADVISORY circulars hence you will see many airlines are missing or not implementing potential safety issues.
I suggest that all operators of reasonable repute will be monitoring FAA and/or JAR recommendations and acceptable means of compliance quite routinely.
One needs to keep in mind that the FAA regulations tend to be fairly prescriptive and that the ACs give the Industry one way of meeting the requirement in a manner which will be acceptable to the FAA.
It follows (and is so prescribed) that the ACs are not mandatory and that the Industry entities are perfectly entitled to do something else and then convince the FAA that that alternative is OK. Generally, it's just easier to go with the flow, of course.
That is to say, the FAA rules are along the lines of
"here is the requirement .. now, you meet it .. and, by the way, here's an AC which gives you some guidance on how we'd go about meeting it .. but you do it however you choose .. just do it".
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
I think I'm missing something here. The design standards already have this requirement built into the AFM at certification so, when you check for landing WAT limits, you meet both the approach and landing climb gradient requirements.
Recalculating such a gradient as conditions may have changed
It follows from the above that this is covered also .. surely you are going to check landing weights if the conditions have changed from forecast when you get to destination/alternate ?