(a)
The never-exceed speed V
NE must be established so that it is—
(1)
Not less than 0.9 times the minimum value of V
D allowed under § 23.335; and
(2)
Not more than the lesser of—
(i)
0.9 V
D established under § 23.335; or
(ii)
0.9 times the maximum speed shown under § 23.251.
(b)
The maximum structural cruising speed V
NO must be established so that it is—
(1)
Not less than the minimum value of V
C allowed under § 23.335; and
(2)
Not more than the lesser of—
(i)
V
C established under § 23.335; or
(ii)
0.89 V
NE established under paragraph (a) of this section.
(c)
Paragraphs (a) and (b) of this section do not apply to turbine airplanes or to airplanes for which a design diving speed V
D
/M
D is established under § 23.335(b)(4). For those airplanes, a maximum operating limit speed (V
MO
/M
MO -airspeed or Mach number, whichever is critical at a particular altitude) must be established as a speed that may not be deliberately exceeded in any regime of flight (climb, cruise, or descent) unless a higher speed is authorized for flight test or pilot training operations. V
MO
/M
MO must be established so that it is not greater than the design cruising speed V
C
/M
C and so that it is sufficiently below V
D
/M
D and the maximum speed shown under § 23.251 to make it highly improbable that the latter speeds will be inadvertently exceeded in operations. The speed margin between V
MO
/M
MO and V
D
/M
D or the maximum speed shown under § 23.251 may not be less than the speed margin established between V
C
/M
C and V
D
/M
D under § 23.335(b), or the speed margin found necessary in the flight test conducted under § 23.253.
Code of Federal Regulations
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as amended by Amdt. 23-7, 34 FR 13096, Aug. 13, 1969]