Subject: File No. S7-08-09
From: Michael Dostal
Affiliation: Director of Operations, Business Estate Advisers, Inc.

May 26, 2009

I think the uptick rule should NOT be reinstated.
1. Excessive shorting didn't create this market down turn. Don't over react and create bad rules to make it look like something is being done.
2. When the market goes up (see 1998-early 2000) it can be equally volitile. Will you put a "downtick" rule into affect? It would only be fair
People speculate both ways (and mostly long). If people short a good company in the long run they will lose, same if they buy a bad company.
Let markets work
Make the right, logical, decision and have real reasons (proof) for why you are doing it.