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 Department of the Interior Bureau of Indian Affairs [223A2100DD/AAKC001030/A0A501010.999900]
 AGENCY: Bureau of Indian Affairs, Interior.
 ACTION: Notice.
 SUMMARY: The Bureau of Indian Affairs (BIA) owns or has an interest in irrigation projects located on or associated with various Indian reservations throughout the United States. We are required to establish irrigation assessment rates to recover the costs to administer, operate, maintain, and rehabilitate these projects. We request your comments on the proposed rate adjustments.
 DATES: Interested parties may submit comments on the proposed rate adjustments on or before May 31, 2022.
 ADDRESSES: All comments on the proposed rate adjustments must be in writing. You may send comments via email to 
                        *comments@bia.gov.*
                         Please reference “Rate Adjustments for Indian Irrigation Projects” in the subject line. Or you may submit comments to the Chief, Division of Water and Power, Office of Trust Services, 13922 Denver West Parkway, Suite 300, Lakewood, Colorado 80401.
 FOR FURTHER INFORMATION CONTACT: David Fisher, Chief, Division of Water & Power, Office of Trust Services, (406) 657-5985. For details about a particular irrigation project, please use the tables in the 
                        **SUPPLEMENTARY INFORMATION**
                         section to contact the BIA regional or local office where the irrigation project is located.


SUPPLEMENTARY INFORMATION: The first table in this notice provides contact information for individuals who can give further information about the irrigation projects covered by this notice. The second table provides the proposed rates for calendar year (CY) 2023 for all irrigation projects. What is the meaning of the key terms used in this notice? In this notice:
                    ( print page 19117) *Administrative costs*
                     mean all costs we incur to administer our irrigation projects at the local project level and are a cost factor included in calculating your operation and maintenance assessment. Costs incurred at the local project level do not normally include agency, region, or central office costs unless we state otherwise in writing. *Assessable acre*
                     means lands designated by us to be served by one of our irrigation projects, for which we collect assessments in order to recover costs for the provision of irrigation service. (
                    *See total assessable acres.*) *BIA*
                     means the Bureau of Indian Affairs. *Bill*
                     means our statement to you of the assessment charges and/or fees you owe the United States for administration, operation, maintenance, and/or rehabilitation. The date we mail or hand-deliver your bill will be stated on it. *Costs*
                     means the costs we incur for administration, operation, maintenance, and rehabilitation to provide direct support or benefit to an irrigation facility. (
                    *See*
                     administrative costs, operation costs, maintenance costs, and rehabilitation costs). *Customer*
                     means any person or entity to whom or to which we provide irrigation service. *Due date*
                     is the date on which your bill is due and payable. This date will be stated on your bill. *I, me, my, you*
                     and 
                    *your*
                     mean all persons or entities that are affected by this notice. *Irrigation project*
                     means a facility or portion thereof for the delivery, diversion, and storage of irrigation water that we own or have an interest in, including all appurtenant works. The term “irrigation project” is used interchangeably with irrigation facility, irrigation system, and irrigation area. *Irrigation service*
                     means the full range of services we provide customers of our irrigation projects. This includes our activities to administer, operate, maintain, and rehabilitate our projects in order to deliver water. *Maintenance costs*
                     means costs we incur to maintain and repair our irrigation projects and associated equipment and is a cost factor included in calculating your operation and maintenance assessment. *Operation and maintenance (O&M) assessment*
                     means the periodic charge you must pay us to reimburse costs of administering, operating, maintaining, and rehabilitating irrigation projects consistent with this notice and our supporting policies, manuals, and handbooks. *Operation or operating costs*
                     means costs we incur to operate our irrigation projects and equipment and is a cost factor included in calculating your O&M assessment. *Past due bill*
                     means a bill that has not been paid by the close of business on the 30th day after the due date as stated on the bill. Beginning on the 31st day after the due date, we begin assessing additional charges accruing from the due date. *Rehabilitation costs*
                     means costs we incur to restore our irrigation projects or features to original operating condition or to the nearest state which can be achieved using current technology and is a cost factor included in calculating your O&M assessment. *Responsible party*
                     means an individual or entity that owns or leases land within the assessable acreage of one of our irrigation projects and is responsible for providing accurate information to our billing office and paying a bill for an annual irrigation rate assessment. *Total assessable acres*
                     mean the total acres served by one of our irrigation projects. *Water delivery*
                     is an activity that is part of the irrigation service we provide our customers when water is available. *We, us,*
                     and 
                    *our*
                     mean the United States Government, the Secretary of the Interior, the BIA, and all who are authorized to represent us in matters covered under this notice. Does this notice affect me? This notice affects you if you own or lease land within the assessable acreage of one of our irrigation projects or if you have a carriage agreement with one of our irrigation projects. Where can I get information on the regulatory and legal citations in this notice? You can contact the appropriate office(s) stated in the tables for the irrigation project that serves you, or you can use the internet site for the Government Publishing Office at 
                    *www.gpo.gov.* Why are you publishing this notice? We are publishing this notice to inform you that we propose to adjust our irrigation assessment rates. This notice is published in accordance with the BIA's regulations governing its operation and maintenance of irrigation projects, found at 25 CFR part 171. This regulation provides for the establishment and publication of the proposed rates for annual irrigation assessments as well as related information about our irrigation projects. What authorizes you to issue this notice? Our authority to issue this notice is vested in the Secretary of the Interior by 5 U.S.C. 301 and the Act of August 14, 1914 (38 Stat. 583; 25 U.S.C. 385). The Secretary has in turn delegated this authority to the Assistant Secretary—Indian Affairs under Part 209, Chapter 8.1A, of the Department of the Interior's Departmental Manual. When will you put the rate adjustments into effect? We will put the rate adjustments into effect for CY 2023. How do you calculate irrigation rates? We calculate annual irrigation assessment rates in accordance with 25 CFR part 171.500 by estimating the annual costs of operation and maintenance at each of our irrigation projects and then dividing by the total assessable acres for that particular irrigation project. The result of this calculation for each project is stated in the rate table in this notice. What kinds of expenses do you consider in determining the estimated annual costs of operation and maintenance? Consistent with 25 CFR part 171.500, these expenses include the following: (a) Personnel salary and benefits for the project engineer/manager and project employees under the project engineer/manager's management or control; (b) Materials and supplies; (c) Vehicle and equipment repairs; (d) Equipment costs, including lease fees; (e) Depreciation; (f) Acquisition costs; (g) Maintenance of a reserve fund available for contingencies or emergency costs needed for the reliable operation of the irrigation facility infrastructure; (h) Maintenance of a vehicle and heavy equipment replacement fund; (i) Systematic rehabilitation and replacement of project facilities; (j) Contingencies for unknown costs and omitted budget items; and (k) Other expenses we determine necessary to properly perform the activities and functions characteristic of an irrigation project. When should I pay my irrigation assessment? We will mail or hand deliver your bill notifying you (a) the amount you owe to 
                    ( print page 19118)
                    the United States and (b) when such amount is due. If we mail your bill, we will consider it as being delivered no later than five business days after the day we mail it. You should pay your bill by the due date stated on the bill. What information must I provide for billing purposes? All responsible parties are required to provide the following information to the billing office associated with the irrigation project where you own or lease land within the project's assessable acreage or to the billing office associated with the irrigation project with which you have a carriage agreement: (1) The full legal name of the person or entity responsible for paying the bill; (2) An adequate and correct address for mailing or hand delivering our bill; and (3) The taxpayer identification number or social security number of the person or entity responsible for paying the bill. Why are you collecting my taxpayer identification number or Social Security number? Public Law 104-134, the Debt Collection Improvement Act of 1996, requires that we collect the taxpayer identification number or Social Security number before billing a responsible party and as a condition to servicing the account. What happens if I am a responsible party but I fail to furnish the information required to the billing office responsible for the irrigation project within which I own or lease assessable land or for which I have a carriage agreement? If you are late paying your bill because of your failure to furnish the required information listed above, you will be assessed interest and penalties as provided below, and your failure to provide the required information will not provide grounds for you to appeal your bill or any penalties assessed. What can happen if I do not provide the information required for billing purposes? We can refuse to provide you irrigation service. If I allow my bill to become past due, could this affect my water delivery? Yes. 25 CFR 171.545(a) states: “We will not provide you irrigation service until: (1) Your bill is paid; or (2) You make arrangement for payment pursuant to § 171.550 of this part.” If we do not receive your payment before the close of business on the 30th day after the due date stated on your bill, we will send you a past due notice. This past due notice will have additional information concerning your rights. We will consider your past due notice as delivered no later than five business days after the day we mail it. We follow the procedures provided in 31 CFR 901.2, “Demand for Payment,” when demanding payment of your past due bill. Are there any additional charges if I am late paying my bill? Yes. We are required to assess interest, penalties, and administrative costs on past due bills in accordance with 31 U.S.C. 3717 and 31 CFR 901.9. The rate of interest is established annually by the Secretary of the United States Treasury (Treasury) and accrues from the date your bill is past due. If your bill becomes more than 90 days past due, you will be assessed a penalty charge of no more than six percent per year, which accrues from the date your bill became past due. Each time we try to collect your past due bill, you will be charged an administrative fee of $12.50 for processing and handling. What else will happen to my past due bill? If you do not pay your bill or make payment arrangements to which we agree, we are required to transfer your past due bill to Treasury for further action. Pursuant to 31 CFR 285.12, bills that are 120 days past due will be transferred to Treasury. Who can I contact for further information? The following tables are the regional and project/agency contacts for our irrigation facilities. Project name
Project/agency contacts**Northwest Region Contacts**Bryan Mercier, Regional Director, Bureau of Indian Affairs, Northwest Regional Office, 911 NE 11th Avenue, Portland, OR 97232-4169, Telephone: (503) 231-6702.Flathead Indian Irrigation Project
Larry Nelson, Acting Irrigation Project Manager, 220 Project Drive, St. Ignatius, MT 59865, Telephone: (406) 745-2661.Fort Hall Irrigation Project
David Bollinger, Irrigation Project Manager, 36 Bannock Avenue, Fort Hall, ID 83203-0220, Telephone: (208) 238-1992.Wapato Irrigation Project
Pete Plant, Project Administrator, 413 South Camas Avenue, Wapato, WA 98951-0220, Telephone: (509) 877-3155.**Rocky Mountain Region Contacts**Susan Messerly, Regional Director, Bureau of Indian Affairs, Rocky Mountain Regional Office, 2021 4th Avenue North, Billings, MT 59101, Telephone: (406) 247-7943.Blackfeet Irrigation Project
Thedis Crowe, Superintendent, Greg Tatsey, Irrigation Project Manager, P.O. Box 880, Browning, MT 59417, Telephone: (406) 338-7544 Superintendent, (406) 338-7519 Irrigation Project Manager.Crow Irrigation Project
Clifford Serawop, Superintendent, Jim Gappa, Acting Irrigation Project Manager (BIA), (Project operation & maintenance performed by Water Users Association), P.O. Box 69, Crow Agency, MT 59022, Telephone: (406) 638-2672 Superintendent, (406) 247-7998 Acting Irrigation Project Manager.Fort Belknap Irrigation Project
Mark Azure, Superintendent, Jim Gappa, Acting Irrigation Project Manager (BIA) (Project operation & maintenance contracted to Tribes under Pub. L. 93-638), R.R.1, Box 980, Harlem, MT 59526, Telephone: (406) 353-2901 Superintendent, (406) 353-8454 Irrigation Project Manager (Tribal Office).Fort Peck Irrigation Project
Anna Eder, Superintendent, Jim Gappa, Acting Irrigation Project Manager (BIA) (Project operation & maintenance performed by Fort Peck Water Users Association), P.O. Box 637, Poplar, MT 59255, Telephone: (406) 768-5312 Superintendent, (406) 653-1752 Huber Wright—Lead ISO.( print page 19119)Wind River Irrigation Project
Leslie Shakespeare, Superintendent, Jim Gappa, Acting Irrigation Project Manager (BIA) (Project operation & maintenance for Little Wind, Johnstown, and Lefthand Units contracted to Tribes under Pub. L. 93-638; Little Wind-Ray and Upper Wind Units operation & maintenance performed by Ray Canal, A Canal, and Crowheart Water Users Associations), P.O. Box 158, Fort Washakie, WY 82514, Telephone: (307) 332-7810 Superintendent, (406) 247-7998 Acting Irrigation Project Manager.**Southwest Region Contacts**Patricia L. Mattingly, Regional Director, Bureau of Indian Affairs, Southwest Regional Office, 1001 Indian School Road NW, Albuquerque, NM 87104, Telephone: (505) 563-3100.Pine River Irrigation Project
Priscilla Bancroft, Superintendent, Vickie Begay, Irrigation Project Manager, P.O. Box 315, Ignacio, CO 81137-0315, Telephone: (970) 563-4511, Superintendent, (970) 563-9484, Irrigation Project Manager.**Western Region Contacts**Jessie Durham, Acting Regional Director, Bureau of Indian Affairs, Western Regional Office, 2600 North Central Avenue, 4th Floor Mailroom, Phoenix, AZ 85004, Telephone: (602) 379-6600.Colorado River Irrigation Project
Davetta Ameelyenah, Superintendent, Gary Colvin, Irrigation Project Manager, 12124 1st Avenue, Parker, AZ 85344, Telephone: (928) 669-7111 Superintendent, (928) 662-4392 Irrigation Project Manager.Duck Valley Irrigation Project
Joseph McDade, Superintendent, (Project operation & maintenance compacted to Shoshone-Paiute Tribes under Pub. L. 93-638), 2719 Argent Avenue, Suite 4, Gateway Plaza, Elko, NV 89801, Telephone: (775) 738-5165 Superintendent, (208) 759-3100 (Tribal Office).Yuma Project, Indian Unit
Denni Shields, Superintendent, 256 South Second Avenue, Suite D, Yuma, AZ 85364, Telephone: (928) 782-1202 Superintendent, (928) 343-8100 Area Manager, Yuma Area Office, Bureau of Reclamation.San Carlos Irrigation Project (Indian Works and Joint Works)
Ferris Begay, Project Manager (BIA), Kyle Varvel, Acting Supervisory Civil Engineer, (Portions of Indian Works operation & maintenance compacted to Gila River Indian Community under Pub. L. 93-638), 13805 North Arizona Boulevard, Coolidge, AZ 85128, Telephone: (520) 723-6225 Project Manager, (520) 562-3372 Acting Supervisory Civil Engineer, (520) 562-6720 Gila River Indian Irrigation & Drainage District.Uintah Irrigation Project
Antonio Pingree, Superintendent, Ken Asay, Irrigation System Manager, (Project operation & maintenance performed by Uintah Indian Irrigation Project Operation and Maintenance Company), P.O. Box 130, Fort Duchesne, UT 84026, Telephone: (435) 722-4300 Superintendent, (435) 722-4344 Irrigation System Manager, (435) 724-5200 Uintah Indian Irrigation Operation and Maintenance Company.Walker River Irrigation Project
Rachael Larson, Superintendent, 311 East Washington Street, Carson City, NV 89701, Telephone: (775) 887-3501.
 What irrigation assessments or charges are proposed for adjustment by this notice? The rate table below contains final CY 2022 rates for irrigation projects where we recover costs of administering, operating, maintaining, and rehabilitating them. The table also contains proposed CY 2023 rates for all irrigation projects. An asterisk immediately following the rate category notes irrigation projects where rates are proposed for adjustment. Project name
Rate category
Final 2022 rate
Proposed 2023 rate**Northwest Region Rate Table**Flathead Irrigation Project
Basic per acre—A *
$33.50
$35.50Basic per acre—B *
16.75
17.75Minimum Charge per tract
75.00
75.00Fort Hall Irrigation Project
Basic per acre *
62.50
64.50Minimum Charge per tract *
40.00
41.00Fort Hall Irrigation Project—Minor Units
Basic per acre *
41.00
45.00Minimum Charge per tract *
40.00
41.00Fort Hall Irrigation Project—Michaud Unit
Basic per acre *
                             Pressure per acre *
68.50
                             106.50
73.50
                             114.00Minimum Charge per tract *
40.00
41.00Wapato Irrigation Project—Toppenish/Simcoe Units
Minimum Charge per bill
25.00
25.00Basic per acre
25.00
25.00Wapato Irrigation Project—Ahtanum Units
Minimum Charge per bill
30.00
30.00Basic per acre
30.00
30.00Wapato Irrigation Project—Satus Unit
Minimum Charge per bill
79.00
79.00“A” Basic per acre
79.00
79.00“B” Basic per acre
85.00
85.00Wapato Irrigation Project—Additional Works
Minimum Charge per bill
80.00
80.00Basic per acre
80.00
80.00Wapato Irrigation Project—Water Rental
Minimum Charge per bill *
86.00
90.00Basic per acre *
86.00
90.00( print page 19120)**Rocky Mountain Region Rate Table**Blackfeet Irrigation Project
Basic-per acre
20.50
20.50Crow Irrigation Project—Willow Creek O&M (includes Agency, Lodge Grass #1, Lodge Grass #2, Reno, Upper Little Horn, and Forty Mile Units)
Basic-per acre *
28.50
29.00Crow Irrigation Project—All Others (includes Bighorn, Soap Creek, and Pryor Units)
Basic-per acre *
28.50
29.00Crow Irrigation Project—Two Leggins Unit
Basic-per acre
14.00
14.00Crow Irrigation Two Leggins Drainage District
Basic-per acre
2.00
2.00Fort Belknap Irrigation Project
Basic-per acre *
18.00
19.00Fort Peck Irrigation Project
Basic-per acre *
27.00
28.00Wind River Irrigation Project—Units 2, 3 and 4
Basic-per acre
25.00
25.00Wind River Irrigation Project—Unit 6
Basic-per acre
22.00
22.00Wind River Irrigation Project—LeClair District (See Note #1)
Basic-per acre
47.00
47.00Wind River Irrigation Project—Crow Heart Unit
Basic-per acre
16.50
16.50Wind River Irrigation Project—A Canal Unit
Basic-per acre
16.50
16.50Wind River Irrigation Project—Riverton Valley Irrigation District (See Note #1)
Basic-per acre
30.65
30.65**Southwest Region Rate Table**Pine River Irrigation Project
Minimum Charge per tract *
50.00
75.00Basic-per acre *
22.50
23.00**Western Region Rate Table**Colorado River Irrigation Project
Basic per acre up to 5.75 acre-feet
64.00
64.00Excess Water per acre-foot over 5.75 acre-feet
18.00
18.00Duck Valley Irrigation Project
Basic per acre
5.30
5.30Yuma Project, Indian Unit (See Note #2)
Basic per acre up to 5.0 acre-feet
157.00
(+)Excess Water per acre-foot over 5.0 acre-feet
30.00
(+)Basic per acre up to 5.0 acre-feet (Ranch 5)
157.00
(+)
 San Carlos Irrigation Project (Joint Works) (See Note #3)
Basic per acre
26.00
26.00Proposed 2023 Construction Water Rate Schedule:Off project construction
On project construction—gravity water
On project construction—pump waterAdministrative Fee
$300.00
$300.00
$300.00.Usage Fee
$250.00 per month
No Fee
$100.00 per acre foot.Excess Water Rate †
$5.00 per 1,000 gal
No Charge
No Charge.
 Project name
Rate category
Final 2022 rate
Proposed 2023 rateSan Carlos Irrigation Project (Indian Works) (See Note #4)
Basic per acre *
$90.50
$99.44Uintah Irrigation Project
Basic per acre
23.00
23.00Minimum Bill
25.00
25.00Walker River Irrigation Project
Basic per acre
31.00
31.00* Notes irrigation projects where rates are adjusted.+ These rates have not yet been determined.† The excess water rate applies to all water used in excess of 50,000 gallons in any one month.**Note #1:**
                         O&M rates for LeClair and Riverton Valley Irrigation Districts apply to Trust lands that are serviced by each irrigation district. The annual O&M rates are based on budgets submitted by LeClair and Riverton Valley Irrigation Districts, respectively.**Note #2:**
                         The O&M rate for the Yuma Project, Indian Unit has two components. The first component of the O&M rate is established by the Bureau of Reclamation (BOR), the owner and operator of the Project. BOR's rate, which is based upon the annual budget submitted by BOR is $153.00 for 2022 but has not been established for 2023. The second component of the O&M rate is established by BIA to cover administrative costs, which includes billing and collections for the Project. The final 2022 BIA rate component is $4.00/acre. The proposed 2023 BIA rate component is $4.00/acre.**Note #3:**
                         The Construction Water Rate Schedule identifies fees assessed for use of irrigation water for non-irrigation purposes.
                        ( print page 19121)**Note #4:**
                         The O&M rate for the San Carlos Irrigation Project—Indian Works has three components. The first component is established by BIA San Carlos Irrigation Project—Indian Works, the owner and operator of the Project; the final 2022 rate is $56.50 per acre, and proposed 2023 rate is $56.50 per acre. The second component is established by BIA San Carlos Irrigation Project—Joint Works; the final 2022 rate is $26.00 per acre, and proposed 2023 rate is $26.00 per acre. The third component is established by the San Carlos Irrigation Project Joint Control Board (comprised of representatives from the Gila River Indian Community and the San Carlos Irrigation and Drainage District); the 2022 rate is $8.00 per acre, and 2023 rate is $16.94 per acre.
 Consultation and Coordination With Tribal Governments (Executive Order 13175) The Department of the Interior strives to strengthen its government-to-government relationship with Indian Tribes through a commitment to consultation with Indian Tribes and recognition of their right to self-governance and Tribal sovereignty. We have evaluated this notice under the Department's consultation policy and under the criteria of Executive Order 13175 and have determined there to be substantial direct effects on federally recognized Tribes because the irrigation projects are located on or associated with Indian reservations. To fulfill its consultation responsibility to Tribes and Tribal organizations, BIA communicates, coordinates, and consults on a continuing basis with these entities on issues of water delivery, water availability, and costs of administration, operation, maintenance, and rehabilitation of projects that concern them. This is accomplished at the individual irrigation project by project, agency, and regional representatives, as appropriate, in accordance with local protocol and procedures. This notice is one component of our overall coordination and consultation process to provide notice to, and request comments from, these entities when we adjust irrigation assessment rates. Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use (Executive Order 13211) The proposed rate adjustments are not a significant energy action under the definition in Executive Order 13211. A Statement of Energy Effects is not required. Regulatory Planning and Review (Executive Order 12866) These proposed rate adjustments are not a significant regulatory action and do not need to be reviewed by the Office of Management and Budget under Executive Order 12866. Regulatory Flexibility Act These proposed rate adjustments are not a rule for the purposes of the Regulatory Flexibility Act because they establish “a rule of particular applicability relating to rates.” 5 U.S.C. 601(2). Unfunded Mandates Reform Act of 1995 These proposed rate adjustments do not impose an unfunded mandate on state, local, or Tribal governments in the aggregate, or on the private sector, of more than $130 million per year. They do not have a significant or unique effect on State, local, or Tribal governments or the private sector. Therefore, the Department is not required to prepare a statement containing the information required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 
                    *et seq.*). Takings (Executive Order 12630) These proposed rate adjustments do not effect a taking of private property or otherwise have “takings” implications under Executive Order 12630. The proposed rate adjustments do not deprive the public, State, or local governments of rights or property. Federalism (Executive Order 13132) Under the criteria in section 1 of Executive Order 13132, these proposed rate adjustments do not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement because they will not affect the States, the relationship between the national government and the States, or the distribution of power and responsibilities among the various levels of government. A federalism summary impact statement is not required. Civil Justice Reform (Executive Order 12988) This notice complies with the requirements of Executive Order 12988. Specifically, in issuing this notice, the Department has taken the necessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct as required by section 3 of Executive Order 12988. Paperwork Reduction Act of 1995 These proposed rate adjustments do not affect the collections of information which have been approved by the Office of Information and Regulatory Affairs, Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995. The OMB Control Number is 1076-0141 and expires January 31, 2023. National Environmental Policy Act The Department has determined that these proposed rate adjustments do not constitute a major Federal action significantly affecting the quality of the human environment and that no detailed statement is required under the National Environmental Policy Act of 1969, 42 U.S.C. 4321-4370(d)), pursuant to 43 CFR 46.210(i). In addition, the proposed rate adjustments do not present any of the 12 extraordinary circumstances listed at 43 CFR 46.215. Bryan Newland, Assistant Secretary—Indian Affairs.


[FR Doc. 2022-06748 Filed 3-31-22; 8:45 am] BILLING CODE 4337-15-P