Both examples you have provided are not exactly pertaining to chess POSITION, but rather technicalities to put an upper bound on the time a game may take. Yes,

Both examples you have provided are not exactly pertaining to chess POSITION, but rather technicalities to put an upper bound on the time a game may take. Yes, there are rules like 75-move rules, or three-fold repetition, but they have no material bearing on the pieces. On the other hand, FEN does capture information like whether you're eligible for castling, which does make a difference in terms of chess position.