Subject: File No. S7-08-09
From: James G Tharan

May 4, 2009

I believe the uptick rule should be reinstated if only to restore investor confidence in the market. So many people, myself included, believe there is no longer a level playing field (not all investors are treated equally) and equality is one concept this country was built on. If investors don't feel they are being treated equally, how can they have confidence in a market that appears to cater only to those who have the most money (and influence)? Additionally, not all investors have the same amount of expertise or time to spend researching and evaluating investment opportunities. Mutual funds, the vehicle through which many investors engage the market, were badley beaten over the past several quarters and took the brunt of the declines regardless of the management team. How is the average investor to cope with such enormous declines in personal wealth when they (myself included) feel they have little if any control over their own situation? I think the SEC needs to do (first and foremost) whatever it takes to restore investor confidence and fairness