Subject: File No. S7-08-09
From: Daniel I. Herborn

May 5, 2009

I am a small individual retail investor whose IRA and taxable portfolios suffered considerable loss from the driving down of common stock prices by the short sellers. I believe that the changes made in 2007 to the uptick rule and that allowed naked short sales allowed the markets to be manipulated to the detriment of individual retail investors. I favor re-instating the uptick rule that was in place for the last 70 years prior to 2007.