Subject: File No. 4-540
From: Gary Ely

April 15, 2009

I was wondering if there was any talk about lifting the 25K min account balance for day trading. I think that this is an unfair rule that profits the huge investors. A lot of us small investors do not have the min amount to just keep in our account but we are responsible and daytrade with caution. I would like to see this law revoked and let everyone have access to day trading.

Thanks, Gary Ely