Subject: File No. S7-08-09
From: Michael A. Cuccia

May 5, 2009

My comment is about rules governing the area of short selling. The removal of the "uptick" rule has had a devastating effect on the individual investor. I have over 35 years of experience investing directly in stocks and the lack of an uptick rule has all but destroyed investor expectations of a level playing field as it relates to the stock market. While our government should be commended for actions such as Sarbanes-Oxley it also needs to recognize mistakes when they are made. I strongly urge the SEC to consider restoring the uptick rule.

Thank you.