Subject: File No. S7-08-09
From: Thomas M Kelly

May 5, 2009

I am in favor of the price test rule and NOT the circuit breaker proposal. If not enacted we will get out of the market until the SEC is overturned by congress or stay out.

My wife and I got back in the market mid March with our retirement 401ks and IRA's. She works at Wal Mart and I work for the state and we are in our 50's. We cannot not afford to take any risk like without an uptick rule. We dont trust you.

The circuit breaker rule would not stop the slaughter. Its like calling a timeout when your team is getting beat by the Oklahoma football team 70-0. After a 2 minute timeout Oklahoma still has its first string in and the final score is 100-0.