THIS IS AN ADMINISTRATIVE ACTION FOR THE ASSESSMENT OF PENALTIES UNDER SECTION 14 OF FIFRA FOR A VIOLATION OF SECTION 12 OF FIFRA. ON OR ABOUT 4/25/94 PAUL UNDERWOOD OWNER OF MCCOOL FERTILIZER WAS APPLYING A PESTICIDE TO SOME CROPS IN FILLMORE COUNTY, NEBRASKA. DURING THE AERIAL APPLICATION THE PESTICIDE DRIFTED ONTO ADJACENT PROPERTY, THE PEOPLE STANDING OUTSIDE ON THE PROPERTY AT THE TIME OF THE APPLICATION, AND THEIR CLOTHES ON A CLOTHESLINE. THEY WERE NOT AMUSED. THE COMPLAINT PROPOSES A CIVIL PENALTY OF $5,000 BE ASSESSED.