(1) Not more than the least of—
(i) The highest weight selected by the applicant; or
(ii) The design maximum weight, which is the highest weight at which compliance with each applicable structural loading condition of this part (other than those complied with at the design landing weight) is shown; or
(iii) The highest weight at which compliance with each applicable flight requirement is shown, and
(2) Not less than the weight with—
(i) Each seat occupied, assuming a weight of 170 pounds for each occupant for normal and commuter category airplanes, and 190 pounds for utility and acrobatic category airplanes, except that seats other than pilot seats may be placarded for a lesser weight; and
(A) Oil at full capacity, and
(B) At least enough fuel for maximum continuous power operation of at least 30 minutes for day-VFR approved airplanes and at least 45 minutes for night-VFR and IFR approved airplanes; or
(ii) The required minimum crew, and fuel and oil to full tank capacity.
(b) Minimum weight. The minimum weight (the lowest weight at which compliance with each applicable requirement of this part is shown) must be established so that it is not more than the sum of—
(1) The empty weight determined under §23.29;
(2) The weight of the required minimum crew (assuming a weight of 170 pounds for each crewmember); and
(3) The weight of—
(i) For turbojet powered airplanes, 5 percent of the total fuel capacity of that particular fuel tank arrangement under investigation, and
(ii) For other airplanes, the fuel necessary for one-half hour of operation at maximum continuous power.
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as amended by Amdt. 23–7, 34 FR 13086, Aug. 13, 1969; Amdt. 23–21, 43 FR 2317, Jan. 16, 1978; Amdt. 23–34, 52 FR 1825, Jan. 15, 1987; Amdt. 23–45, 58 FR 42156, Aug. 6, 1993; Amdt. 23–50, 61 FR 5183, Feb. 9, 1996]