Subject: File No. S7-08-09
From: Timothy M King
Affiliation: none

May 5, 2009

Speaking as a small private investor, I believe that the reinstatement of the Up-Tick rule--as it previously existed- will help stabilize the market, and ultimately povide more investment in equities.

The rules as they currently exist cause companies with "non-transparent" balance sheets to fail because of long-term investment fear of short selling driving the stock below its proper level (e.g., the financials in Oct.). I believe reinstatement of the Up-Tick rule will allow greater stabilization of the market until such "non-transparencies" can be resolved.

Sincerely,

Tim King
Fenton, Mo.