FOUND IT:
Once NHTSA has made a Final Decision of noncompliance or a safety-related defect and issues a recall order, the affected manufacturer has two options: either challenge the order in federal district court or ignore the Final Decision and attack it in an enforcement action if NHTSA sues. This latter strategy, however, risks exposing the company to massive penalties if the court sustains the Final Decision, because failing to comply with a recall order is itself a violation of the Act. Specifically, the Vehicle Safety Act provides for civil penalties of $5,000 per violation and $16,050,000 for a related series of violations.
Technically, NHTSA does not bring the enforcement action. If NHTSA wishes to sue in order to enforce compliance with a recall order, NHTSA must refer the matter to the Attorney General, who may bring an enforcement action in a federal district court to recover civil penalties as well as to obtain appropriate injunctive relief.
So the fine is only there if the manufacturer refuses the recall order from the NHTSA and loses in civil court.
so about that fine again?
fwiw - This is enforcable under the Vehicle Saftey Act. The value of the fine ($16M) was created due to the Ford - Firestone tire recall of 2000.