Applying different rules based on how many of a physical object a manufacturer produces is 100% something the manufacturer knows at the time they take the action.
If the regulation says "manufacturers have a higher standard for logging safety data for cars where more than 10,000 were produced", the manufacturer knows the new rule applies to them when they choose to build the 10,000th car. They can opt to do or not do that.
The equivalent here would be if we said something like: there are different regulations that apply to car manufacturers if somebody drives one of their cars for more than 10,000 miles. Because in this case, the person making the car has absolutely no clue if or when that will happen.