Subject: File No. S7-08-09
From: David W. Fort
Affiliation: Program Manager

May 5, 2009

Ladies and Gentlemen:

Thank you for your interest in my thoughts regarding short sales. Let me begin by clarifying that I consider myself a typical little guy investor. I am not affliated with any investment organizations, but I do manage about $1M in personal assets. I've been doing this for about 20 years -made bone head mistakes and scored too. I have done this myself because I accepted my responsibility to own my future.

The most formidable challenge an individual investor faces is the daily threat of the big guys. With regard to short selling, I don't practice it myself but there is valuation benefit in retaining it with responsible regulation. In the past and still today, I own stocks affected by clearly obvious abusive shorting practices. I have, however, also learned to manage exposure.

I disagree with uncontrolled naked shorting. Likewise, suspension of the uptick rule was a bad business decision. I've digest your proposal. What I need is a combination of real rules including a no way out prohibition on naked shorting, reengagement of the uptick rule and a new daily circuit breaker. I wish to be clear that short sales remains an important aspect of our market place, but we need to halt abusive practices.

Thank you for your consideration. dave