The FAA can't do anything because it's under 49 CFR 831. The NTSB has removed AA from "party status" which means they won't be part of the investigation and will not have any input to the final report. It also means there won't be anyone around from AA to explain, "This is how we do this." They'll have the FAA from AA's CMO saying, "This is what their manuals say they should do" and APA explaining it.

49 CFR 830 talks about preservation of wreckage which covers the CVR and FDR. They could go for a civil penalty ($$$$) for violating it.