Subject: File No. S7-08-09
From: james viney

May 5, 2009

I am a private investor. The uptick rule should be reinstated on a permanent all the time basis. we had it in place for 70 years and short selling was still posible and we had down markets. The academic study saying it was irrelevant was for a time period that was a raging bull market. It was instated after the great stock market crash. After removing it we had the worst stock market crash and financial crisis whcih has cost the government and investors trillions of dollars. We should reinstate the uptick rule as it was prior to removal. You guys simply screwed up when you removed it and need to admit your mistake.