Subject: File No. S7-08-09
From: Thomas Bowman, LT
Affiliation: US Navy

May 13, 2009

The market should not need the uptick rule to keep investors from shorting a company if the company is well capitalized and producing. The only time a company gets shorted is when they have made poor business decisions, take un-necessary risk, or under-perform their competitors. When this happens it is healthy for the market to be able to short a company without the interferance of the uptick rule. This shorting will push the company to make the necessary changes to return to profitablility and should keep management from making risky decisions and over-leveraging their balance sheets. Re-instating the uptick is a government interferance into the market that we simply do not need.