Subject: Short selling rule - major problem

September 19, 2008

Dear Chairman Cox,

Congratulations for the short-selling hold regulation.

However it seems that some private equity / BDC firms were included in the regulation, while many were missed providing, in essence , an incentive, to short sellers, to go and short these financial companies that are so crucial to mid market companies.

The PE / BDC firms included are:

AINV
BX
MAIN
MCGC

The PE / BDC firms excluded are:

ALD
ACAS
ARCC
BLK
CSWC
FSC
GLAD
GAIN
GNV
TINY
HTGC
HCD
KYE
KCAP
TAXI
MVC
NGPC
PCAP
PNNT
PSEC
TICC

Id appreciate a reconsideration by the SEC to include these firms and a response as soon as possible, including rationale, if this trequest is refused.

Thank you

*****************************

Avi A. Fogel