ML022400435

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NRC Approval of Commercial Data Encryption Systems for the Electronic Transmission of Safeguards Information
ML022400435
Person / Time
Issue date: 08/28/2002
From: Beckner W, Pierson R
NRC/NMSS/FCSS, NRC/NRR/DRIP/RORP
To:
Shapaker, J., NRR/RORP, 301-415-1151
References
OMB 3150-0002, TAC M5017 RIS-02-015
Download: ML022400435 (7)


See also: RIS 2002-15

Text

OMB Control No.: 3150-0002

UNITED STATES

NUCLEAR REGULATORY COMMISSION

OFFICE OF NUCLEAR REACTOR REGULATION

WASHINGTON, DC 20555-0001

August 28, 2002

NRC REGULATORY ISSUE SUMMARY 2002-15

NRC APPROVAL OF COMMERCIAL DATA ENCRYPTION SYSTEMS

FOR THE ELECTRONIC TRANSMISSION

OF SAFEGUARDS INFORMATION

ADDRESSEES

All authorized recipients and holders of sensitive unclassified safeguards information (SGI).

INTENT

The U.S. Nuclear Regulatory Commission (NRC) is issuing this regulatory issue summary (RIS)

to provide guidance to addressees on obtaining NRC approval of commercial data encryption

systems for the electronic transmission of SGI. This RIS requires no action or written response

on the part of addressees.

BACKGROUND

Sensitive unclassified information is defined by Public Law 100-235. The primary authorities

for the protection of sensitive unclassified information include the Freedom of Information Act

(5 U.S.C. 552), the Privacy Act (5 U.S.C. 552a), and Parts 2 and 9 of Title 10 of the Code of

Federal Regulations (10 CFR Parts 2 and 9). The unauthorized disclosure of SGI a type of

sensitive unclassified information is prohibited under the provisions of Section 147 of the

Atomic Energy Act of 1954, as amended, and 10 CFR 73.21. Additional guidance on protecting

SGI can be found in NUREG-0794, Protection of Unclassified Safeguards Information (Criteria

and Guidance), dated October 1981.

NRC regulations in 10 CFR 73.21(g)(3) state that except under emergency or extraordinary

conditions, SGI shall be transmitted only by protected telecommunications circuits (including

facsimile) approved by the NRC, and physical security events that are required to be reported

pursuant to 10 CFR 73.71 are considered to be extraordinary conditions. In addition,

10 CFR 73.21(h) states that SGI may be processed or produced on an automatic data

processing (ADP) system, provided that the system is self-contained within the authorized

holders facility and requires the use of an entry code for access to stored information; other

systems may be used if approved for security by the NRC.

The National Institute of Standards and Technology (NIST) has established the Cryptographic

Module Validation Program (CMVP), which validates conformance of cryptographic modules to

the Security Requirements for Cryptographic Modules in Federal Information Processing

Standard (FIPS) 140-1 and FIPS 140-2 and, as appropriate, any other FIPS cryptography

standard.

ML022400435

RIS 2002-15

Page 2 of 4

The CMVP is a joint effort between NIST and the Communications Security Establishment

(CSE) of the Government of Canada. Products validated as conforming to FIPS 140-1 and

140-2 are accepted by the Federal agencies of both countries for the protection of sensitive

unclassified information. NISTs Computer Security Division and CSE jointly serve as the

validation authorities for the acceptance testing of cryptographic modules conducted by

accredited testing laboratories. There are currently four laboratories accredited by the National

Voluntary Laboratory Accreditation Program (NVLAP), which perform compliance testing in

accordance with FIPS 140-1 and 140-2; three are in the United States and one is in Canada.

The Secretary of Commerce has made FIPS 140-1 and 140-2 mandatory and binding for U.S.

Federal agencies and organizations. This is specifically applicable when a Federal agency

determines that cryptography is necessary to protect sensitive unclassified information.

SUMMARY OF ISSUE

The following guidance is provided to addressees who voluntarily choose to transmit SGI in

electronic format:

(1)

Select a commercially available encryption system that NIST has validated as conforming

to FIPS 140-1 and 140-2. Additional information on NIST-approved encryption systems

can be found at http://csrc.nist.gov/pki/nist_crypto/welcome.html. NIST maintains a current

listing of all validated encryption systems at http://csrc.nist.gov/cryptval/140-1/1401val.htm.

(2)

Submit a written request for NRC approval to use the selected commercially available

encryption system as required by 10 CFR 73.21(g)(3).

(3)

General performance requirements for the protection of safeguards information, found at

10 CFR 73.21(a), state that each licensee... and each person who produces, receives, or

acquires Safeguards Information shall ensure that Safeguards Information is protected

against unauthorized disclosure. To meet this general performance requirement, licensees

and persons subject to [10 CFR 73.21] shall establish and maintain an information

protection system that includes the measures specified in paragraphs (b) through (i) of

[10 CFR 73.21]. Information protection procedures employed by State and local police

forces are deemed to meet these requirements.

Therefore, in accordance with 10 CFR 73.21(a), licensees and persons who produce,

receive, or acquire Safeguards Information should prepare written procedures that address

how applicable provisions of 10 CFR 73.21 will be met and how the selected encryption

system will be used. Written procedures should include, but are not limited to, access

controls; where and when encrypted communications can be made; how encryption keys,

codes, and passwords will be protected from compromise; actions to be taken if the

encryption keys, codes, or passwords are, or are suspected to have been, compromised

(for example, notification of all authorized users); and how the identity and access

authorization of the recipient will be verified.

(4)

NRC approval to use a commercially available encryption system is contingent upon NIST

approval. If an encryption system no longer satisfies FIPS 140-1 and 140-2 and is

removed from the list of NIST-approved encryption systems, NRC approval that was

previously granted is automatically withdrawn and affected addressees must discontinue

RIS 2002-15

Page 3 of 4

using that encryption system. It is the responsibility of the authorized recipient or holder

of SGI to verify prior to each use that its encryption system continues to have

NIST approval.

(5)

The guidance contained in this RIS does not alter or revise any current regulatory

requirements for the protection of SGI. For addressees who choose not to transmit SGI in

electronic format, 10 CFR 73.21(g)(1) and (2) will continue to apply.

(6)

The NRC is evaluating the feasibility of employing electronic data encryption for the

transmission of SGI between authorized holders and the NRC. Pending a decision on this

matter, 10 CFR 73.21(g)(1) and (2) will continue to apply when SGI is transmitted between

addressees and the NRC.

BACKFIT DISCUSSION

This RIS does not require any action or written response and does not require any modification

to plant structures, systems, components, or facility design. Therefore, the NRC staff did not

perform a backfit analysis.

FEDERAL REGISTER NOTIFICATION

The NRC did not publish a notice of opportunity for public comment in the Federal Register

because this RIS is informational and pertains to a matter that does not represent a departure

from current regulatory requirements and practice.

PAPERWORK REDUCTION ACT STATEMENT

This RIS contains information collections that pose an insignificant burden to respondents to

request approval of an encryption system and prepare written procedures for safeguarding the

transmitted information. The public burden for this information collection is estimated to

average 2 hours2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br /> per request. Because the burden for this information collection is insignificant,

Office of Management and Budge (OMB) clearance is not required. Existing requirements were

approved by OMB, approval number 3150-0002.

PUBLIC PROTECTION NOTIFICATION

The NRC may not conduct or sponsor, and a person is not required to respond to, a request for

information or an information collection requirement unless the requesting document displays a

currently valid OMB control number.

RIS 2002-15

Page 4 of 4

If you have any questions about this matter, please contact the person listed below or the

appropriate NRC project manager.

/RA/

/RA/

Robert C. Pierson, Director

William D. Beckner, Program Director

Division of Fuel Cycle Safety

Operating Reactor Improvements Program

and Safeguards

Division of Regulatory Improvement Programs

Office of Nuclear Material Safety

Office of Nuclear Reactor Regulation

and Safeguards

Technical contacts:

Nancy Fontaine, NSIR

Melvyn Leach, NMSS

301-415-1253

301-415-7836

Email: nrf@nrc.gov

Email: mnl@nrc.gov

Attachment: List of Recently Issued Regulatory Issue Summaries

ML022400435

NRFontaine

DOCUMENT NAME: G:\\RORP\\OES\\Shapaker\\MAY02jws-425-dRIS-Gordon.wpd

OFFICE

NSIR:DNS:RSPS

Tech Editor

SC:NSIR:DNS:INFOSEC

OGC

D:NSIR:DNS

OCIO:PRMD

NAME

DDGordon

PAGarrity*

ALSilvious

ENJensen

GMTracy*

LHGrosman

DATE

/ /2002

05/23/2002

05/29/2002

08/23/2002

06/13/2002

07/25/2002

OFFICE

D:OCIO:ITID

D:NMSS:FCSS

D:NMSS:SFPO

SC:OES:RORP:DRIP

PD:RORP:DRIP

NAME

JSchaeffer

RCPierson

EWBrach

TReis

WDBeckner

DATE

08/13/2002

07/23/2002

07/23/2002

08/28/2002

08/28/2002

______________________________________________________________________________________

OL = Operating License

CP = Construction Permit

Attachment

RIS 2002-15

Page 1 of 1

LIST OF RECENTLY ISSUED

NRC REGULATORY ISSUE SUMMARIES

_____________________________________________________________________________________

Regulatory Issue

Date of

Summary No.

Subject

Issuance

Issued to

_____________________________________________________________________________________

2002-14

Proposed Changes to the Safety

System Unavailability Performance

Indicators

All holders of operating licenses

for nuclear power reactors, except

those who have permanently

ceased operations and have

certified that fuel has been

permanently removed from the

reactor vessel.

2002-13

Confirmation of Employment

Eligibility

08/27/2002

All holders of operating licenses

for nuclear power reactors.

2002-12

NRC Threat Advisory and

Protective Measures System

Various

Various

2002-11

Requalification Program Test

Results for Okonite Okolon Single-

Conductor Bonded-Jacket Cable

(Followup to Regulatory Issue

Summary 2000-25)

08/09/2002

All holders operating licenses for

nuclear power reactors, except

those who have permanently

ceased operations and have

certified that fuel has been

permanently removed from the

reactor vessel.

2002-10

Revision of the Skin Dose Limit in

10 CFR Part 20

07/09/2002

All U.S. Nuclear Regulatory

Commission material licensees.

2002-09

Preparation and Scheduling of

Operator Licensing Examinations

06/06/2002

All holders of operating licenses

for nuclear power reactors, except

those who have permanently

ceased operations and have

certified that fuel has been

permanently removed from the

reactor vessel.

Note:

NRC generic communications may be received in electronic format shortly after they are

issued by subscribing to the NRC listserver as follows:

To subscribe send an e-mail to <listproc@nrc.gov >, no subject, and the following

command in the message portion:

subscribe gc-nrr firstname lastname