Subject: File No. S7-08-09
From: Richard A Pierce

May 4, 2009

Please re-instate the up-tick rule and stop the illeagle short selling. I'm not against short selling and i understand the need too be able to find the market bottom through short selling......BUT i fear that if the short sellers are allowed to trade unchecked, the market will not be able to grow over the long term. I have a 401k and in order to be able to retire the market has to grow, it does NOT have and option where i can invest my retirement money in a short position. The least the SEC should do is level the playing field, so EVERYONE can make money.
I will be watching.

Richard Pierce