According to what I just saw on the NBC news the FAA is working on that now. Airline scheduling is getting a close look as well as the management since they are the ones who decide how much time a Pilot has off before they are scheduled to operate again. Looks like the whole 'fatgue' thing is about to be pushed to the fore no matter what the industry wants.

It's about time.

By the way... I can assure you the DOT looks at the question of 'intent' very, well, intently before they rule on any decision. When they are trying to reconstruct events the main question they have of an operator is 'why did you do that?'

Often the answer makes sense even if it is wrong, a flaw in thinking is spotted, and this goes into the way new rules are written for the operation of transportation systems.