Subject: File No. S7-08-09
From: Patricia L Sherwin
Affiliation: retired research scientist

May 5, 2009

Chairman Shapiro

This recent market downturn is the worst I have experienced in my lifetime. I cannot help but believe that the 2007 expiration of the uptick rule has helped exacerbate this situation. As small investor I have followed all the rules dollar cost averaging, conservative investments, only moderate risk at a younger age, yadda, yadda, yadda..and now as I near retirement I have no profit and only hope to recoup my original investment.

I understand that institutional equity traders may choose more risk in their practices but this aggressive short selling and market manipulation has hurt individual investors. I strongly believe that the uptick rule 10a-1 should be reinstated. I favor the market wide permanent approach as stated in the proposed uptick rule (not modified).

Regards,

Patricia Sherwin