Subject: File No. S7-08-09
From: leonard r napoli

May 5, 2009

THE UPTICK RULE SHOULD BE RE-INSTATED AND THE ENTIRE SHORT SELLING SPECTRUM SHOULD BE REVIEWED IN DEPTH.

I AM RETIRED AND CONSIDER MYSELF A LONG TERM INVESTOR WHO LIVES OFF WHAT IS LEFT OF A DIVERSIFIED PORTFOLIO OF STOCKS AND BONDS. WHILE EVERYONE SHOULD PROTECT THEIR INVESTMENTS FROM MARKET DOWNTURNS, IT IS ALMOST IMPOSSIBLE WHEN ETF'S ARE ABLE TO BOUBLE AND TRIPPLE SHORT THE MARKET. THE PLAYING FIELD FOR THE AVERAGE INVESTOR IS NOT FAIR AND MUST BE MADE MORE EQUITABLE.

IF YOU WANT TO HELP RESTORE INVESTOR CONFIDENCE DO YOUR PART AND TAKE A HARD LOOK AT THE PRODUCTS COMING INTO THIS MARKET PLACE AND LIMIT SHORT SELLING.

THANK YOU
LEN NAPOLI