Subject: File No. S7-08-09
From: Frank A Altomare

May 6, 2009

Please reinstate the up The SEC's former uptick test (former Rule 10a-1), based on the last sale price. My livelihood depends on a fair market. Short sales are important part of that market. In my opinion with 25 years of experience in trading and investing the various markets it is unfair if you don't have to wait for an uptick to sell. The confidence by the public has been shaken to the core. The people I talk to on a daily basis say they will never invest again because the market is rigged by the large institutions that can manipulate the market. With most Americans invested in the Markets, from my point of view you have to either tell the average investor to get out of the market because it is to rigged or level the field with rules that the smallest to the largest investor can follow easily. Your job is to communicate to American people that Market can be risky but is fair and understandable