Subject: File No. S7-08-09
From: Bruce Foltz

May 4, 2009

you seem to be worried about the short selling. I am not. As a small investor I have tried to do short selling to which my broker would not executed trades sent in after I got off work. So to me the system is set up already prohibitive to the short selling. And to say that it is unfair to pile on when a stock is falling is to say that is should also be unfair to not have a similar rule when the stock is going up. Look at the bubbles that have been formed in the market by the prople who are chasing stock trends to try to make a dollar.
Bubble ok - shorts bad ?
To me the biggest problem is the way that some pile into the market in the last 5 minuets and after hours in order to create a gap. One can tell by the jumptng out of the position durring the first 30 minuets that this is a minipulation of the market just to make money and not to take a position in the market. Up or down the gaps to me are a bigger problem than the short selling. Why don't you prevent the gaps which have miss represented the market moves more than the times that short selling a company with bad news or financial reports have caused a massive move in the market as people try to make money on the fact that a company has mishandled it's business before the average investor can sell out of thier positons. Why don't you make the market go 24 hours or make the stock start the next day where it ended ?