Subject: File No. S7-08-09
From: Joseph Haverty

May 18, 2009

Short selling is the mirror image of using leverage through margin buying. It was used for many decades with minimal criticism.
Abandoning the 'up-tick' rule prior to a cyclical down market,gave many investors searching for a culprit to blame, the perfect bogie man.
Completely reinstituting the 'up-tick' rule, while admittedly unwieldly, may remove the unfounded bias against short selling.