Subject: File No. S7-08-09
From: Paul B Jergens
Affiliation: private citizen, invested in pension plan for retirement

May 4, 2009

Please reinstitute the up-tick rule to make the market fair for the long term value investor. Please stop the practice of short selling without owning the stock being shorted.

These steps will promote the market as a fair source of investment money for the future growth of companies, which will help companies and promote confidence amount investors.

Thank you