Subject: File No. S7-08-09
From: Theodore R Black
Affiliation: retail invester

April 13, 2009

Yes I believe the up-tick rule should be reinstated . There are other ways that the professional traders can go short a position thru calls and puts that is alot less destuctive to the share prices . Also as a retail invester I sometime wonder if the shares I own in a company have been lent to someone shorting the position . If I understand this correctly the brokerage house gets a fee for doing this , but I dont recieve any fees for letting my shares be used for this purpose . i feel that if my shares have been borrowed I should also be compensated in the process . I should also have a choice on weather to let my shares be borrowed at all .

thanks