"...under today’s proposal, carriers would need to develop and implement an internal evaluation and audit program to monitor whether flightcrew members are reporting to work fatigued.... A carrier would be required to take steps to correct any fatigue problem that it identifies. For example, if the carrier became aware that flightcrew members were commuting during their WOCL, the carrier could require that all flightcrew members spend the night prior to starting a series of FDPs within the local commuting area. The carrier could also implement other measures to address problems associated not only with commuting, but any behavior that could lead to flightcrew members reporting for FDPs unfit for duty.... Carriers are entitled to investigate the causes for an employee’s fatigue. If a carrier determines that the flightcrew member was responsible for becoming fatigued, it has every right to take steps to address that behavior."

The FAA does believe that it is unreasonable to assume that an individual is
resting while commuting. Accordingly, time spent commuting, either locally or longdistance,
is not considered rest, and a certificate holder will need to consider the
commuting times required by individual flightcrew members to ensure they can reach
their home base while still receiving the required opportunity for rest.