Subject: File No. S7-08-09
From: Randy L Barney
Affiliation: Actively trade the market for my retirement accounts.

May 29, 2009

Please bring back the up tick rule. As a small investor, we need the rule to protect us little guys who depend on a fair market place. Our world has changed with the advancement of technology and information sharing. Rules need to be in place to keep those who have unfair advantages from praying on smaller less informed individuals. If the market appears not to be fair, you will lose the small investors. Trust me, as 45 year finance major, I feel I do not stand a chance against the big guns if they are not regulated to a certain extent. As a educated individual in the finance industry, if I feel this way, think about "average Joe" and where his head is at the moment -- not in a good place Do the right thing, bring back the up tick rule. It's common sense which is good for everyone.


Randy Barney