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Are you interested in obtaining your “drone license” so you can fly your drone and not get in trouble? Are you tired of reading articles written by people with little to no experience in aviation and just want to have an experienced professional tell you what to do?
If so, you are in the right place.
This page is the ultimate guide to educating you on what you need to do to obtain your drone license. This article was not written by some content writer like many of the other websites but by me. I’m a practicing drone attorney and current FAA-certificated flight instructor. I’m going to leverage this knowledge and experience to help you so you can confidently fly your drone without having to wonder if some government inspector would find your drone flying in violation of the law.
Table of Contents of Article
Drones have been flown for years but the Federal Aviation Administration (“FAA”) really didn’t start doing much till around 2005. The FAA then published the infamous 2007 policy statement which declared “that people and companies other than modelers might be flying UAS with the mistaken understanding that they are legally operating under the authority of [Advisory Circular] 91-57. AC 91-57 only applies to modelers, and thus specifically excludes its use by persons or companies for business purposes.” This is where the line started being drawn very deeply in the sand between recreational flyers and non-recreational flyers. The by-product of this policy statement was it essentially made commercial drone flying financially unreasonable if you wanted to do it legally, because you would have to comply with all the Federal Aviation Regulations which were originally designed for manned aircraft.
In February 2012, the FAA Modernization and Reform Act of 2012 was passed. This had beneficial provisions for recreational and non-recreational flyers.
Later in September of 2014, the FAA issued some exemptions under the FRMA’s Section 333 (now called Section 44807). These exemptions at least made commercial drone operations somewhat workable to do but were still plagued with the requirement to have a sport pilot license which could cost $$$ to obtain and the requirement to stay at least 500 feet away from the property you didn’t own and people not participating in your operation. Recreational flying remained largely unchanged during this time.
In May 2016, the FAA issued an interpretation that educational institutions could fly under the recreational category.
The FAA had been working on some commercial drone regulations since 2009 but didn’t make it a priority. Eventually, in 2015 a notice of proposed rule-making was published and on August 29, 2016, Part 101 and Part 107 became law. Part 107 explains how to obtain a drone license for non-recreational flying while Part 101 was for recreational flyers. There was no drone license requirement for recreational drone flyers at this time.
The FAA Re-Authorization Act of 2018 unfortunately repealed the law that allowed recreational drones to be very unregulated but made it law that institutions of higher education could fly under recreational drone laws for educational or research purposes. On 12/11/2020, the FAA withdrew Part 101 subpart E as a regulation because it caused confusion and was overruled by 49 USC 44809 which came from the FAA Reauthorization Act of 2018.
The recreational drone laws have been in flux where the regulations were created, and the law changed, but the old regulations stayed on the books. Recreational pilots used to fly under 14 CFR Part 101 but the laws changed. Do NOT rely on Part 101 as it is no longer valid law. FAA withdrew Part 101 subpart E.
Currently, recreational fly according to 49 U.S.C. Section 44809. I have an in-depth article on recreational drone laws if you really want to understand everything and actually know exactly what are the recreational drone laws.
So do recreational drone pilots need to obtain a license? No, but they need to pass a test.
The FAA Reauthorization Act of 2018 created a new requirement that recreational drone fliers had to pass a knowledge and safety test. So it functionally acts like a license since you have to pass a test and you’ll use evidence of passing the test to prove you are compliant with the recreational drone laws.
You go and take the Recreational UAS Safety Test (TRUST) from a TRUST administrator.
Before you say “this is for me!”, I suggest you read my thoughts below on why I think recreational flyers should just obtain their remote pilot certificate and fly under that.
Pilots wanting to fly commercially have the option of flying under Part 107 or under Part 61 and Part 91. Each path has its own license requirements.
If you want to fly under Part 61 & 91 (because you are flying a big drone weighing 55 pounds and heavier or you are doing beyond line of sight package delivery), you’ll by default need a manned aircraft commercial pilot certificate. This is extremely burdensome and expensive. For 95% of these Part 91 operations, we just petition to the FAA to obtain an exemption from the regulations and fly instead with a remote pilot certificate. If you are confused by exemptions, waivers, COAs, etc., read my article where I compare the different methods of obtaining approval to fly.
For like 99% of the commercial drone pilots in the U.S., they fly under Part 107 because it is the easiest to fly under. If a pilot flies under Part 107, they will need to obtain a remote pilot certificate. This article will explain how to obtain this certificate. :)
Recreational drone laws are less burdensome than the non-commercial drone laws. To be in this special less regulated are, the flight must be for recreational purposes which includes educational institutions flying for education and research.
The FAA put out an interpretation memo in 2014 explaining the difference between recreational and non-recreational flights. Important: This interpretation was retracted but you can learn a lot about the FAA’s thoughts on this from this outdated memo because it gave examples.
The FAA provided more information on this webpage:
Many people assume that a recreational flight is one that is not operated for a business or any form of compensation. But, that’s not always the case. Financial compensation, or the lack of it, is not what determines if the flight is recreational or commercial. The following information can be used to help you determine what rules you should be operating under. Remember, the default regulation for drones weighing under 55 pounds is Part 107. The exception for recreational flyers only applies to flights that are purely for fun or personal enjoyment. When in doubt, fly under Part 107.
Note: Non-recreational purposes include things like taking photos to help sell a property or service, roof inspections, or taking pictures of a high school football game for the school’s website. Goodwill or other non-monetary value can also be considered indirect compensation. This would include things like volunteering to use your drone to survey coastlines on behalf of a non-profit organization. Recreational flight is simply flying for fun or personal enjoyment.
There are still scenarios that I’m not sure of. Read my section on my thoughts on why you should obtain a remote pilot certificate.
Also, if you are flying in furtherance of your job, even if you are not getting paid for the flight, you are definitely not recreational. So government employees like police and fire will not be eligible for flying as recreational.
At this point, you should have a really good idea of which category you fall into.
You pass the TRUST at one of the Trust Test Administrators. Here is the list.
The test will be on:
“(A) understanding of aeronautical safety knowledge; and
(B) knowledge of Federal Aviation Administration regulations and requirements pertaining to the operation of an unmanned aircraft system in the national airspace system.”
AC 91-57B compiled a list of study materials. You can study for (B) by reading my recreational drone law article.
I’ve been adamant about recreational flyers obtaining a remote pilot certificate for some years now. You can fly recreationally under Part 107. It doesn’t prohibit you. It’s actually better in multiple ways. Here are 3 ways:
I’ve been helping clients navigate responding to FAA investigations. I’ve seen how situations can go south really bad for the recreational guys. Here is the big gotcha……when you violate one of the recreational restrictions, you are no longer seen as recreational but as non-recreational and the rest of the regulations apply. Instead of just a violation for one thing, the violation makes all the Part 107 regulations apply which means you end up getting more violations.
Consider the outcome of these two flyers who both flew over people:
Recreational Flyer Under Section 44809 | Recreational Under Part 107 |
Both Non-Compliant – Flying Over People 107.39 | |
Both Non-Compliant – Flying in a way to cause an undue hazard to people 107.19(c) | |
Both Non-Compliant – Flying in a careless reckless manner. 107.23 | |
Fail to turn over documents to FAA or law enforcement upon request (because they don’t have a remote pilot certificate). 107.7(b) | Compliant |
Flying a drone without a remote pilot certificate. 107.12(a) | Compliant |
Acting as PIC without remote pilot certificate or current knowledge test. 107.12(b) | Compliant |
Flying without aeronautical currency (passed remote pilot knowledge text) 107.65 | Compliant |
7 Possible Charges | 3 Possible Charges |
You have less downside flying under Part 107.
Also, flying around people is problematic recreationally since an FAA safety inspector can have a hard time determining the depth and might misjudge you flying over a person. The same goes for commercial pilots flying under Part 107. This is one reason I’ve suggested that if you are going to be flying near people, just go obtain the over-people waiver. An over-people waiver from me will most likely cost less than a civil penalty from an enforcement action from the FAA. If you need an over-people waiver, contact me because I have obtained some.
Here’s what the FAA’s own order on how to do enforcement actions says:
“The Pilot’s Bill of Rights (PBR), Public Law 112-153 (Aug. 3, 2012), as amended by Public Law 115-254 (Oct. 5, 2018), requires investigative personnel to provide airmen who are the subject of an investigation with timely PBR notification, i.e., written notice of the investigation, unless the notification would threaten the integrity of the investigation[.]”
It’s the pilot’s version of a Miranda warning. Sweet huh? But it’s not required for recreational pilots. The same FAA order says,
“PBR notification is not required to be provided when the apparent violator is not the holder of an airman certificate (or the apparent violation cannot result in legal enforcement action against an airman certificate)”
People ask me questions about whether can they do such-n-such operations. Here are some examples:
There are all sorts of arguments and important points that can be made in these scenarios. And I’m sure you have arguments back. Or facts. Whatever. At the end of the day, it’s unpredictable as to how some FAA safety inspector is going to handle your unique factual scenario.
If you have a remote pilot certificate, the answer to all of the scenarios above is really simple.
This is just a practical one. Who in the world actually knows the current state of recreational drone laws? Most cops fly under Part 107. If you get stopped and are complying with Part 107 (something they might be somewhat semi-proficient with), you could have fewer issues during a stop.
To obtain your commercial drone license you must:
I know the correct term is remote pilot certificate; however, when writing a blog post, it is important to write a title that would be understood by new individuals or the term used by newbies when searching on Google. If you were new to this area, what would you type in Google? Commercial drone license or remote pilot certificate? A simple search on Google search volume shows that “drone license” is more than twice the volume of “remote pilot certificate.” I wrote the articles for first-time pilots, not existing pilots who know how to speak “aviationese.” I also wrote the article to rank high in Google so high-quality information could be found on the drone license.
Yes, but it is NOT one of the expensive manned aircraft pilot licenses most people think about. You only need the Part 107 remote pilot certificate (also informally known as a “commercial drone license”) to operate your drone commercially. This commercial drone license allows you to fly your drone for profit. Keep in mind that you are not limited to profit-making flights. You can fly recreationally under Part 107 or as a government employee (police, fire, etc.).
No, only individuals can obtain a drone license. However, businesses can obtain waivers or authorizations and allow their remote pilots to fly under those. There must be a remote pilot in command for each non-recreational flight and they must possess a current drone license.
The term “pilot license” is what is used commonly to describe FAA airmen certificates. The FAA certificates aircraft, mechanics, airmen, remote pilots, etc., they don’t license. For non-recreational drone operators, the proper term is a remote pilot certificate. These certificates are being issued with a small unmanned aircraft rating which means the pilot could only operate a drone that is under 55 pounds. I foresee the FAA adding ratings onto the remote pilot certificate for certain types of operations such as over 55-pound operations, night, beyond visual line of sight, etc.
You could get fined for each regulation you are violating under Part 107. The FAA has been prosecuting drone operators. You could be violating multiple regulations per flight. If you land and then take off again, that is 2x the number of fines since you are breaking the same regulations again on the second flight. Now you understand why Skypan ended up with a $1.9 million aggregate fine. They later however settled with the FAA for $200,000.
You have two ways to obtain your commercial drone license:
(1) Pass the remote pilot initial knowledge exam, submit the information onto IACRA, pass the TSA background check, & receive your remote pilot certificate electronically; or
(2) If you are a current manned aircraft pilot, take the free online training course from the FAA, submit your application on IACRA, and receive your remote pilot certificate electronically.
Each method for obtaining a commercial drone license has different steps from the other. Keep reading below for super detailed step-by-step instructions for EACH of these methods.
I have step-by-step instructions here.
You still have to obtain the remote pilot certificate (“drone license”). If you have a current biannual flight review and a manned pilot certificate, other than a student pilot certificate, your instructions are located here on how to obtain it.
Any of the manned aircraft pilot licenses require actual flight experience while the remote pilot certificate a.k.a. “drone license” does not have any requirement for the person to have any flight experience.
The 2015 statistics for those taking their remote pilot knowledge exam had a passage rate of 88.29% and those taking the private pilot knowledge exam had a passage rate of 89.44%. Another interesting thing was that the majority of those obtaining their drone license early on were those with manned aircraft pilot licenses. They had the ability to take a free online training course and then apply on IACRA to obtain their drone license. They had to do very little studying to pass the free online training course which explains why the high rates.
To prevent any problems with obtaining the drone license, do these steps in the exact order of how they appear in this list.
Immediately schedule a time to take the FAA Part 107 knowledge test at one of the testing sites. Figure out which test site you want to take the test at.
I created free 100+ page Part 107 test study guide. The study guide has the material the FAA suggested you study, but I added essential material they left out. It also comes with 65 sample Part 107 exam questions that are answered and explained. Think of it as your “personal trainer” for Part 107 to get you into a lean mean testing machine. You can read the Part 107 test study guide online or you can sign up for the free drone law newsletter and be able to download the PDF to study on the go. Keep in mind the study guide was for initial test takers.
Now that you know what the rules are, make a business plan for operations under Part 107 once you obtain the drone license. Go back and skim over the Part 107 Summary and read about Part 107 waivers (COAs). You might want to branch out into non-107 types of operations.
Once you have figured out what types of industries and operations you plan on doing, you should spend this time:
You will NEED to obtain a FAA Tracking Number (FTN) from Integrated Airman Certificate and/or Rating Application system (IACRA) to take the test.
Go there and register to obtain your FTN.
Yes, provided you fly within the requirements of Part 107 and have your drone license.
Part 107 has incorrectly been understood to be for commercial flyers. It isn’t. It is for everyone that can fly under its operational parameters. It is just that non-recreational aircraft flyers can only fly in Part 107 which lead to everyone incorrectly thinking Part 107 is for commercial. This caused confusion because some entities are not recreational or commercial! Non-profit environmental organizations or fire departments are two good situations where they aren’t charging for the flight and cannot fall into model aircraft operations yet they aren’t commercial. Commercial, recreational, government employees, non-profits, etc. can all fly under Part 107.
First-time pilots have to take the initial knowledge exam which is estimated at $175[1] Current manned pilots can either take the initial knowledge exam for $175 or take an initial online training course for free. Either of those are prerequisites to submitting an application to obtain the drone license.
August 29, 2016.
You take it at a knowledge exam testing center. A complete list is located here.
I created a FREE 100+ page Part 107 test study guide which includes all the information you need to pass the exam. Let me repeat. ALL the information needed to pass the test is in this study guide. Additionally, the study guide comes with 6 “cram” summary pages, 65 sample Part 107 exam questions that are answered and explained, and 24 super hard brand-new practice questions NO ONE ELSE HAS.
There are many paid training sources out there. But I do not know of any of them that are FAA certificated flight instructors AND also practicing aviation attorneys. Be skeptical of most of the 107 courses out there as some of them had to hire FAA certificated flight instructors to teach the material. This implicitly means they do NOT know the subject. Did the flight instructor they hire edit the material or just merely be recorded. In other words, what quality assurance do you have that the paid 107-course creators didn’t botch something up in the post-production?
Additionally, here is a list of Part 107 articles for you to study further:
If you have a pilot certificate and took the initial knowledge exam, you have already passed a TSA security threat assessment background check when you obtained your manned aircraft pilot certificate. This means you will have your drone license faster than someone brand new going through the process.
If you are brand-new, I canNOT estimate because (1) the TSA’s backlog of pending IACRA applications and (2) I don’t know all the factors the FAA and TSA are looking at now.
That FAA online test is NOT the Part 107 initial knowledge exam you need to take to obtain your drone license. That test is ONLY for the current manned aircraft pilots who wish to obtain their drone license. That online test by itself isn’t ALL they need to do to obtain the drone license. They still need to do a few additional things. See Current Manned Aircraft Pilots Step-by-Step Instructions to Obtain the Drone License for more information.
The current manned aircraft pilots can take either the initial online training course or the Part 107 initial knowledge exam while the first time pilots can ONLY take the initial Part 107 knowledge exam. After you receive your drone license, you’ll have to pass recurrent training within 24 calendar-months to keep your currency.
Let me stop you right there. Getting aviation law advice off Facebook forums is like getting medical help off Craigslist – it’s dumb. Yes, I know there are a few good attorneys online that do help, but there are also a ton of posers. Friends don’t let friends drive drunk or get aviation law info off Facebook. It is stupid to get advice on the internet. If the person on the internet goofs up, what happens is your drone license is on the line and potentially a fine or arrest. They have little downside while you could lose your ability to make money from your drone license.
The FAA’s Advisory Circular says on page 27, “Retaking the UAS knowledge test after a failure:
I don’t know all the factors. I can say the FAA really does not like alcohol and drug related crimes. They also don’t like a breath refusal.
§107.57 Offenses involving alcohol or drugs.
(a) A conviction for the violation of any Federal or State statute relating to the growing, processing, manufacture, sale, disposition, possession, transportation, or importation of narcotic drugs, marijuana, or depressant or stimulant drugs or substances is grounds for:
(1) Denial of an application for a remote pilot certificate with a small UAS rating for a period of up to 1 year after the date of final conviction; or
(2) Suspension or revocation of a remote pilot certificate with a small UAS rating.
(b) Committing an act prohibited by §91.17(a) or §91.19(a) of this chapter is grounds for:
(1) Denial of an application for a remote pilot certificate with a small UAS rating for a period of up to 1 year after the date of that act; or
(2) Suspension or revocation of a remote pilot certificate with a small UAS rating.
§107.59 Refusal to submit to an alcohol test or to furnish test results.
A refusal to submit to a test to indicate the percentage by weight of alcohol in the blood, when requested by a law enforcement officer in accordance with §91.17(c) of this chapter, or a refusal to furnish or authorize the release of the test results requested by the Administrator in accordance with §91.17(c) or (d) of this chapter, is grounds for:
(a) Denial of an application for a remote pilot certificate with a small UAS rating for a period of up to 1 year after the date of that refusal; or
(b) Suspension or revocation of a remote pilot certificate with a small UAS rating.
Don’t know.
No, you already had your check when you obtained your Part 61 certificate.
Sure. But keep in mind that sometimes it might be beneficial to get a Public COA to accomplish the mission as there are certain restrictions with Part 107. However, there are Part 107 waivers that can be obtained. Contact me as each situation is different. See my article on public COA vs Part 107.
No, your “certification” is worth nothing. A bunch of these drone courses popped up being taught by unqualified individuals who were far more proficient at WordPress and Mailchimp than they were at teaching weather and manuals. Only the FAA can certify you.
It depends. If you are flying recreationally according to Part 101, you do NOT need to have a pilot license. If you are flying non-recreationally (commercial, etc.), then you would need a pilot certificate.
You may be either a sport, recreational, private, commercial, or air transport pilot. You CANNOT be a student pilot. Additionally, the pilot must be current according to 14 C.F.R. § 61.56. This can be done multiple ways but the most popular is they have a sign off in their logbook saying they have completed their bi-annual flight review (BFR).
For some, getting a BFR can be much more expensive than taking the Part 107 initial knowledge exam which costs $175. You can be a non-current pilot and take the initial knowledge exam, then submit your application on IACRA. You’ll receive your temporary drone pilot license (remote pilot certificate) electronically so many days later. If this is your situation, then do the “first-time pilot” steps above.
From the FAA 2020-2040 Forecast, the FAA stated that 31.36% of the remote pilots ALSO had a Part 61 manned aircraft certificate while 68.64% were only Part 107 airmen.
Step 1. Start Studying
Step 2. Complete the Online Training Course
Look for the “Part 107 small Unmanned Aircraft Systems (sUAS) ALC-451” available on the FAA FAASTeam website.
Step 3. Fill Out Your Application
Complete FAA Form 8710-13 (FAA Airman Certificate and/or Rating Application for a remote pilot certificate)
A. Figure out if you want to do it online at IACRA or by paper (the paper form you print out is located here).
B. Either way, you are going to need to validate applicant identity on IACRA or 8710-13.
Step 4. Obtain Temporary Certificate
Find an appropriate FSDO representative, a FAA designated pilot examiner (DPE), or an airman certification representative (ACR) who can issue the applicant a temporary airman certificate. A CFI is not authorized to issue a temporary certificate. CFIs can process applications for applicants who want a temporary certificate and submit the information on IACRA so that the applicate will receive the temporary electronically so many days later.
Step 5. Receive Permanent Certificate
A permanent remote pilot certificate (drone pilot license) will be sent via mail once all other FAA internal processing is complete.
Step 6. Set a reminder on your calendar to stay current.
The currency is limited so make sure you set a calendar reminder for about 2 months before it runs out. This is discussed more down below.
If you need legal services or want to set up enterprise operations to get all your in-house pilots certified, fleet and pilot management, or crew training, contact me at to help with those needs. I work with many other certified aviation professionals to help large companies integrate drones into their operations to be profitable and legal. When looking for aviation law help, don’t hire a poser – hire an attorney who is a pilot.
Section 107.64(a) says, “A temporary remote pilot certificate with a small UAS rating is issued for up to 120 calendar days, at which time a permanent certificate will be issued to a person whom the Administrator finds qualified under this part.”
No, a remote pilot certificate does NOT require a medical certificate. However, section 107.17 says, “No person may manipulate the flight controls of a small unmanned aircraft system or act as a remote pilot in command, visual observer, or direct participant in the operation of the small unmanned aircraft if he or she knows or has reason to know that he or she has a physical or mental condition that would interfere with the safe operation of the small unmanned aircraft system.”
No, you already had your check when you obtained your Part 61 certificate. This means you’ll receive your remote pilot certificate faster than a new pilot.
Section 107.65 says, a “person may not operate a small unmanned aircraft system unless that person has completed one of the following, within the previous 24 calendar months:
(a) Passed an initial aeronautical knowledge test covering the areas of knowledge specified in §107.73(a);
(b) Passed a recurrent training covering the areas of knowledge specified in §107.73(b); or
(c) If a person holds a pilot certificate (other than a student pilot certificate) issued under part 61 of this chapter and meets the flight review requirements specified in §61.56, passed either an initial or recurrent training course covering the areas of knowledge specified in §107.74(a) or (b) in a manner acceptable to the Administrator.”
You need 1 of the following within the previous 24 calendar months to operate under Part 107; however, if you don’t meet this, you are grounded from flying under Part 107 but you still could fly recreationally under Part 101.
If you already have your remote pilot certificate, you just need to keep the documentation to prove you did recurrent training. The IACRA thing was for getting the remote pilot certificate but you already have that.
No, you don’t lose your remote pilot certificate. It really shouldn’t be termed recertification as you are NOT getting a certificate again or have to worry about losing the certificate. You just cannot exercise the privileges of the remote pilot certificate.
Everyone typically gets confused by what I just said. I’ll give you some examples.
Important point. Please note that when calculating currency, you are going off of when you did (a), (b), or (c) above, NOT when you received your remote pilot certificate or what is dated on your certificate.
You would think the FAA would have just put expiration dates on the remote pilot certificates like they do with my flight instructor certificate but no. If you search the FAA airmen registry, you’ll just see date of issue but not when currency expires.
If you are checking a person’s currency (like if you are hiring a person or if you are a police officer stopping a drone flyer) you need to ask them for:
You find the date in method 1 or 2. You add two years and then find the last day of the month. It is important to know this as there might be some scam artists out there trying to save $175 by not taking a knowledge exam and hoping people don’t check.
Well, it is a good idea in case that someone you are dealing with also read my article and wonders if you really are current.
Additionally, the FAA said this, “The FAA does not specify the method by which the certificate holder stores and displays his or her knowledge test report or course completion certificate; however, the certificate holder must provide the documents to the FAA upon request.” So a second reason to keep it with you is in case the FAA stops you.
I have multiple courses over at www.rupprechtdrones.com on particular topics. They are designed to be inch-wide and a mile-deep as opposed to what’s generally available for 107 training. The courses cover many things not covered elsewhere. Just try it out. You can sign up for a free trial and watch some of the videos.
Ok ok. So you still want the free stuff.
You have two methods:
(1) Click here to be taken to the free knowledge test study guide with everything located in it.
(2) Sign up for the PDF study guide. :) It’s a pop-up you might have ignored on the website.
You can use these articles to study for your drone license or use them to brush up on the material so you can stay proficient and safe.
It looks like we are off to a good start. You have the steps you need to take to achieve your goals and the study materials to assist. If you are trying to figure out next steps after you obtain the certificate, one way to set yourself apart from the typical 107 competition is to obtain waivers or authorizations. If you are interested in any of the waivers to stand out from the crowd, don’t hesitate to contact me.
[1] https://www.faa.gov/data_research/aviation_data_statistics/test_statistics/media/2015/annual/2015_Airman_Knowledge_Tests.pdf
[2] Id. on Page 2.
[3] https://www.faa.gov/data_research/aviation_data_statistics/civil_airmen_statistics/media/2015-civil-airmen-stats.xlsx
© jrupprechtlaw.com
Aviation Attorney. FAA Certificated Commercial Pilot and Flight Instructor (CFI/CFII). Contributor at Forbes.com for Aerospace and Defense.