Subject: File No. S7-08-09
From: James Winfrey, Jr
Affiliation: U.S. Army, Retired

May 30, 2009

Reinstating the Up-Tick rule is necessary to bring back stability and confidence in the Equities Markets. The unabated Short Sell, without the Up-Tick Rule, allows these investors too seriously and continuously "Bang Down" the price of their intended targets. The Up-Tick Rule provides a necessary pause in the Markets and will prevent the Un-fair collapse of an Equities Price. To be Fair and Balanced the market is required to have two sides, Buyers and Sellers. Allowing one side of the market more control over the other is irresponsible. The Short Sellers without the Up-Tick Rule in conjunction with the Ultra-Short ETFs, and Naked Shorting allows an unfair advantage and has cost the U.S. Tax Payers. The Short Sellers have been able and will continue to be able to produce tidy profits under the Up-Tick Rule and the Short Sell does provide necessary components to the Markets liquidity and pricing. We just need to use some common sense and have a few ground rules. As an investor, I agree with Mr. James Cramer, CNBC Correspondent, and agree with his predilection on this subject.

Thank You...