Because FAA regulations literally do not apply to military aircraft. FAA regulates civilian aviation.
I know that some here absolutely hate any suggestions that the US military is capable of any evil. But you're getting very sanitized news. Even otherwise, they have already murdered 80+ Venezuelan civilians in international waters and we don't even know if they were actually guilty of drug trafficking, since those were extra-judicial executions. And at least two of them were murdered in a double tap attack, which is an international war crime, regardless.
[1] It was Curaçao to be precise, but it's still oddly close to Venezuela.
Which is precisely why they should avoid flying INTO civilian aircraft.
Imagine if that refueler had stayed away from the JetBlue, we wouldn't be talking about it ;-)