Subject: File No. S7-08-09
From: John S Heller

May 11, 2009

I understand you are considering the reinstatement of the so called "up tic" rule.

This rule was put in place after the market crash of 1929. It is for the protection of small investors, as I see it, and should never have been taken off the table.

The shorts can still do damage, but not automatically by computer.

As a small investor, I urge you to reinstate the up tic rule.

John S Heller