Subject: File No. S7-08-09
From: phillip bowden
Affiliation: none

May 5, 2009

Re-instate the original uptick rule.

The SEC must also require — and enforce — short sellers to possess at the time of the sale a demonstrable legally enforceable right to deliver the shares — a so-called pre-borrow requirement.

And finally put some teeth into your Enforcement of Rules and Regulations. Fine the Buying Broker when Failure of Delivery occurs if that Broker does not Buy-in the Selling Broker @ T+4,no exceptions.