ML050460031

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NRC Approval of Commercial Data Encryption Systems for the Electronic Transmission of Safeguards Information
ML050460031
Person / Time
Issue date: 01/26/2006
From: Charemagne Grimes, Chris Miller
NRC/NMSS/IMNS, NRC/NRR/ADRA/DPR
To:
Lee E NSIR/DNS 301-415-8099
References
RIS-05-015, Rev. 1
Download: ML050460031 (9)


See also: RIS 2005-15

Text

UNITED STATES

NUCLEAR REGULATORY COMMISSION

OFFICE OF NUCLEAR REACTOR REGULATION

OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS

WASHINGTON, DC 20555-0001

January 26, 2006

NRC REGULATORY ISSUE SUMMARY 2002-15, REVISION 1

NRC APPROVAL OF COMMERCIAL DATA ENCRYPTION PRODUCTS

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 re-issuing this Regulatory Issue Summary

(RIS) to correct and clarify RIS 2002-15, NRC Approval of Commercial Data Encryption

Systems for the Electronic Transmission of Safeguards Information [SGI], which was issued to

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

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

on the part of addressees. This revision supercedes in its entirety, the guidance provided in the

original RIS.

BACKGROUND INFORMATION

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 SGIa type of sensitive unclassified informationis 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 circuits) approved by the NRC and that physical security events 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 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) established a Cryptographic Module

Validation Program (CMVP) that validates conformance of cryptographic modules to Security

Requirements for Cryptographic Modules in Federal Information Processing Standard (FIPS)

140-1 or FIPS 140-2 and, as appropriate, to any other FIPS cryptography standard.

ML050460031

RIS 2002-15, Rev. 1

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 or 140-2

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

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

validation authorities for the acceptance testing of cryptographic modules by accredited testing

laboratories. Currently, nine laboratories are accredited by the National Voluntary Laboratory

Accreditation Program, to perform compliance testing in accordance with FIPS 140-1 or 140-2;

five are in the United States, two are in Canada, and two are in the United Kingdom. The

Secretary of Commerce has made the use of either FIPS 140-1 or 140-2 mandatory and

binding for U.S. Federal agencies and organizations. This requirement 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 desire to transmit SGI in electronic

format:

(1)

Select a commercially available encryption product that uses a cryptographic module

validated to NIST 140-1 or 140-2 standards. Additional information on NIST-validated

encryption products is posted on the NIST web site at

http://csrc.nist.gov/pki/nist_crypto/welcome.html. NIST maintains a current listing of all

validated encryption products at http://csrc.nist.gov/cryptval/140-1/1401val.htm.

(2)

Submit a written request, including FIPS validation certificate for cryptographic module,

to the NRC for approval to use the selected commercially available encryption product,

as required by 10 CFR 73.21(g)(3). Include a copy of the FIPS validation certificate of

the selected encryption product.

(3)

Use FIPS-approved cryptographic algorithms to encrypt data for electronic transmission.

(4)

Check the NIST web site to ensure that the cryptographic algorithms selected for

encrypting data are still approved by NIST before use. The NRC approves only

NIST-approved cryptographic algorithms. Thus, if NIST no longer approves a

cryptographic algorithm, the NRC no longer accepts it.

(5)

Addressees may replace the current version of encryption products that were approved

by the NRC with a newer version of encryption product without prior approval from the

NRC, provided that the addressees document that the newer version of encryption

product uses the same cryptographic module as the current version of encryption

product, i.e., document that the FIPS validation certificate of the new version of

encryption product is the same as the current version of encryption product.

(6)

General performance requirements for the protection of SGI 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

RIS 2002-15, Rev. 1

Page 3 of 4

and persons subject to this section shall establish and maintain an information

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

this section. Information protection procedures employed by State and local police

forces are deemed to meet these requirements. Therefore, licensees and persons who

produce, receive, or acquire SGI should prepare written procedures that address how

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

product will be used. The 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.

(7)

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.

(8)

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 does not a depart from current regulatory requirements

and practice.

SMALL BUSINESS REGULATORY ENFORCEMENT FAIRNESS ACT of 1996

The NRC has determined that this action is not subject to the Small Business Regulatory

Enforcement Fairness Act of 1996.

PAPERWORK REDUCTION ACT STATEMENT

This RIS contains information collections that are subject to the Paperwork Reduction Act of

1995 (44 U.S.C. 3501 et seq.). These information collections were approved by the Office of

Management and Budget, approval number 3150-0011, which expires February 28, 2007.

The burden to the public for these (voluntary/mandatory) information collections is estimated to

average 0.5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br /> per response, including the time for reviewing instructions, searching existing

data sources, gathering and maintaining the data needed, and completing and reviewing the

RIS 2002-15, Rev. 1

Page 4 of 4

information collection. Send comments regarding this burden estimate or any other aspect of

these information collections, including suggestions for reducing the burden, to the Records and

FOIA/Privacy Services Branch (T-5 F53), U.S. Nuclear Regulatory Commission, Washington,

DC 20555-0001, or by Internet electronic mail to INFOCOLLECTS@NRC.GOV; and to the Desk

Officer, Office of Information and Regulatory Affairs, NEOB-10202, (3150-0011), Office of

Management and Budget, Washington, DC 20503.

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 Office of Management and Budget control number.

CONTACT

Please direct any questions about this matter to the technical contact listed below, or to the

appropriate Office of Nuclear Reactor Regulation project manager.

/RA/

/RA/

Charles L. Miller, Director

Christopher I. Grimes, Director

Division of Industrial

Division of Policy and Rulemaking

and Medical Nuclear Safety

Office of Nuclear Reactor Regulation

Office of Nuclear Material Safety

and Safeguards

Technical Contact:

Eric Lee, NSIR

301-415-8099

E-mail: exl@nrc.gov

Enclosure: Recently Issued NMSS Generic Communications

Note: NRC generic communications may be found on the NRC public Web site,

http://www.nrc.gov, under Electronic Reading Room/Document Collections.

RIS 2002-15, Rev. 1

Page 4 of 4

information collection. Send comments regarding this burden estimate or any other aspect of

these information collections, including suggestions for reducing the burden, to the Records and

FOIA/Privacy Services Branch (T-5 F53), U.S. Nuclear Regulatory Commission, Washington,

DC 20555-0001, or by Internet electronic mail to INFOCOLLECTS@NRC.GOV; and to the Desk

Officer, Office of Information and Regulatory Affairs, NEOB-10202, (3150-0011), Office of

Management and Budget, Washington, DC 20503.

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 Office of Management and Budget control number.

CONTACT

Please direct any questions about this matter to the technical contact listed below, or to the

appropriate Office of Nuclear Reactor Regulation project manager.

/RA/

/RA/

Charles L. Miller, Director

Christopher I. Grimes, Director

Division of Industrial

Division of Policy and Rulemaking

and Medical Nuclear Safety

Office of Nuclear Reactor Regulation

Office of Nuclear Material Safety

and Safeguards

Technical Contact:

Eric Lee, NSIR

301-415-8099

E-mail: exl@nrc.gov

Enclosure: Recently Issued NMSS Generic Communications

Note: NRC generic communications may be found on the NRC public Web site,

http://www.nrc.gov, under Electronic Reading Room/Document Collections.

DISTRIBUTION:

ADAMS

RIS File

SISP Review Completed by: Scott Morris

ADAMS PACKAGE NUMBER: ML060250221, ADAMS NUMBER: ML050460031,

ENCLOSURE: ML060250236

  • See previous concurrence

OFFICE

NSIR

Tech Editor

DNS:RSS

TSS:IROB:DIPM

EEIB:DE

D:DLPM

SFPO

NAME

ELee*

PKleene*

SMorris*

THBoyce*

JACalvo

LMarsh

WBrach*

DATE

7 /11 /2005

02/12/2005

7/11/2005

7/13/2005

7/19/2005

7/19/2005

7/20/2005

OFFICE

FCSS

DWMEP

OE

OGC

(NLO&SBREFA)*

PMAS

NAME

RPierson*

LCamper*

M Burrell w/comments*

VTharpe*

DATE

7/26/2005

7/15/2005

9/7/2005

8/25/2005

8/26/2005

OFFICE

OIS

PGCB:LA

PGCB:DPR

BC:PGC:DPR

D:NMSS

D:DPR

NAME

BShelton*

CHawes*

AWMarkley

CJackson*

CLMiller*

CIGrimes

DATE

10/19/2005

12/05/2005

12/05/2005

12/05/2005

01/15 /2006

01/26/2006

OFFICIAL RECORD COPY

Enclosure

RIS 2002-15, Sup. 1

Page 1 of 4

Recently Issued NMSS Generic Communications

Date

GC No.

Subject

Addressees

2/11/05

BL-05-01

Material Control and Accounting at

Reactors and Wet Spent Fuel

Storage Facilities

All holders of operating licenses for

nuclear power reactors, decommissioning

nuclear power reactor sites storing spent

fuel in a pool, and wet spent fuel storage

sites.

01/13/06

RIS-05-27,

Rev. 1

NRC Regulatory Issue Summary 2005-27, Rev. 1, NRC Timeliness

Goals, Prioritization of Incoming

License Applications and Voluntary

Submittal of Schedule for Future

Actions for NRC Review

All 10 CFR Parts 71 and 72 licensees and

certificate holders.

12/22/05

RIS-05-31

Control of Security-related

Sensitive Unclassified Non-

safeguards Information Handled by

Individuals, Firms, and Entities

Subject to NRC Regulation of the

Use of Source, Byproduct, and

Special Nuclear Material

All licensees, certificate holders,

applicants, and other entities subject to

regulation by the U.S. Nuclear Regulatory

Commission of the use of source,

byproduct, and special nuclear material,

except for those as covered by provisions

of Regulatory Issue Summary (RIS) 2005-

26 for nuclear power reactors.

11/23/05

RIS-05-24

Control of Radiation Dose to

Visitors of Hospital Patients

All medical licensees.

11/14/05

RIS-05-21

Clarification of the Reporting

Requirements in

10 CFR 20.2201

All U.S. Nuclear Regulatory Commission

licensees and Part 76 certificate holders

authorized to possess licensed material.

11/08/05

RIS-05-27

NRC Timeliness Goals,

Prioritization of Incoming License

Applications and Voluntary

Submittal of Schedule for Future

Actions for NRC Review

All 10 CFR Parts 71 and 72 licensees and

certificate holders.

10/28/05

RIS-05-22

Requirements for the Physical

Protection During Transportation of

Special Nuclear Material of

Moderate and Low Strategic

Significance: 10 CFR Part 72 vs.

Regulatory Guide 5.59 (1983)

All holders of licenses for the possession

of special nuclear material (SNM) that

ship Category II and III quantities of this

material.

10/07/05

RIS-05-23

Clarification of the Physical

Presence Requirement During

Gamma Stereotactic Radiosurgery

Treatments

All gamma stereotactic radiosurgery

(GSR) licensees.

09/27/05

RIS-04-17,

Rev. 1

Revised Decay-in-Storage

Provisions for the Storage of

Radioactive Waste Containing

Byproduct Material

All licensees regulated under 10 CFR Parts 30, 32, 33, 35, 39, and 50.

Enclosure

RIS 2002-15, Sup. 1

Page 2 of 4

Date

GC No.

Subject

Addressees

08/25/05

RIS-05-18

Guidance for Establishing and

Maintaining a Safety Conscious

Work Environment

All licensees, applicants for licenses,

holders of certificates of compliance, and

their contractors subject to NRC authority

08/10/05

RIS-05-16

Issuance of NRC Management

Directive 8.17, Licensee

Complaints Against NRC

Employees

All licensees and certificate holders.

08/03/05

RIS-05-15

Reporting Requirements for

Damaged Industrial Radiographic

Equipment

All material licensees possessing

industrial radiographic equipment,

regulated under 10 CFR Part 34.

07/13/05

RIS-05-13

NRC Incident Response and the

National Response Plan

All licensees and certificate holders.

07/11/05

RIS-05-12

Transportation of Radioactive

Material Quantities of Concern

NRC Threat Advisory and

Protective Measures System

Licensees authorized to possess

radioactive material that equals or

exceeds the threshold values in the

Additional Security Measures (ASM) for

transportation of Radioactive Material

Quantities of Concern (RAMQC) under

their 10 CFR Part 30, 32, 50, 70, and 71

licenses and Agreement State licensees

similarly authorized to possess such

material in such quantities under their

Agreement State licenses.

07/11/05

RIS-05-11

Requirements for Power Reactor

Licensees in Possession of

Devices Subject to the General

License Requirements of 10 CFR 31.5

All holders of operating licenses for

nuclear power reactors and generally

licensed device

vendors.

06/10/05

RIS-05-10

Performance-Based Approach for

Associated Equipment in 10 CFR 34.20

All industrial radiography licensees and

manufacturers and distributors of

industrial radiography equipment.

04/18/05

RIS-05-06

Reporting Requirements for

Gauges Damaged at Temporary

Job Sites

All material licensees possessing portable

gauges, regulated under 10 CFR Part 30.

04/14/05

RIS-05-04

Guidance on the Protection of

Unattended Openings that

Intersect a Security Boundary or

Area

All holders of operating licenses or

construction permits for nuclear power

reactors, research and test reactors,

decommissioning reactors with fuel on

site, Category 1 fuel cycle

facilities, critical mass facilities, uranium

conversion facility, independent spent fuel

storage installations, gaseous diffusion

plants, and certain other material

licensees.

Enclosure

RIS 2002-15, Sup. 1

Page 3 of 4

Date

GC No.

Subject

Addressees

02/28/05

RIS-05-03

10 CFR Part 40 Exemptions for

Uranium Contained in Aircraft

Counterweights - Storage and

Repair

All persons possessing aircraft

counterweights containing uranium under

the exemption in

10 CFR 40.13(c)(5).

12/23/05

IN-05-32

Product Alert for Fire Hydrants

All holders of operating licenses for

nuclear power reactors and fuel cycle

facilities, except those who have

permanently ceased operations and have

certified that fuel has been permanently

removed from the reactor vessel.

11/17/05

IN-05-31

Potential Non-conservative Error in

Preparing Problem-dependent

Cross Sections for use with the

KENO V.a or KENO-VI Criticality

Code

All licensees using the KENO V.a or

KENO-VI criticality code module in

Version 5 of the Standardized Computer

Analyses for Licensing Evaluation

(SCALE) software developed by Oak

Ridge National Laboratory (ORNL).

10/31/05

IN-05-28

Inadequate Test Procedure Fails to

Detect Inoperable Criticality

Accident Alarm Horns

All licensees authorized to possess a

critical mass of special nuclear material.

10/07/05

IN-05-27

Low Dose-Rate Manual

Brachytheraphy Equipment

Related Medical Events

All medical licensees.

07/29/05

IN-05-22

Inadequate Criticality Safety

Analysis of Ventilation Systems at

Fuel Cycle Facilities

All licensees authorized to possess a

critical mass of special nuclear material.

06/23/05

IN-05-17

Manual Brachytherapy Source

Jamming

All medical licensees authorized to

possess a Mick applicator.

05/17/05

IN-05-13

Potential Non-conservative Error in

Modeling Geometric Regions in the

Keno-v.a Criticality Code

All licensees using the Keno-V.a criticality

code module in Standardized Computer

Analyses for Licensing Evaluation

(SCALE) software developed by Oak

Ridge National Laboratory (ORNL)

05/17/05

IN-05-12

Excessively Large Criticality Safety

Limits Fail to Provide Double

Contingency at Fuel Cycle Facility

All licensees authorized to possess a

critical mass of special nuclear material.

04/07/05

IN-05-10

Changes to 10 CFR Part 71

Packages

All 10 CFR Part 71 licensees and

certificate holders.

040/01/05

IN-05-07

Results of HEMYC Electrical

Raceway Fire Barrier System Full

Scale Fire Testing

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, and fuel facilities licensees.

Enclosure

RIS 2002-15, Sup. 1

Page 4 of 4

Date

GC No.

Subject

Addressees

03/10/05

IN-05-05

Improving Material Control and

Accountability Interface with

Criticality Safety Activities at Fuel

Cycle Facilities

All licensees authorized to possess a

critical mass of special nuclear material.

Note: NRC generic communications may be found on the NRC public website at http://www.nrc.gov, under Electronic

Reading Room/Document Collections.