Subject: File No. S7-08-09
From: Kevin J Fitzgerald

May 5, 2009

Chairman Schapiro and Commissioners,
Please reinstate the "uptick" rule with a new market wide, permanent approach ruling. I watched as my retirement portfolio lost nearly 45% of it's value in 2008, and any regulation from your department that would prevent the naked short selling that contributed to that decline would benefit all small investors such as myself.
I do not like to ask my government for help, but this is an extraordinary moment. Anything you're department can do is appreciated.

Thank you.
Kevin J. Fitzgerald
Paradise Valley, Az.