Subject: File No. S7-08-09
From: Daniel J Miller, Ph.D.
Affiliation: Psychologist

May 4, 2009

I am a small time investor who believes it is my civic right to invest money I earn to make more money. I have invested actively for the past 20 years. However, ever since the uptick rule has been disgarded, I must say I have little faith in the long term health of the market. I feel the whole market is stacked against me.

I am not alone. Everyone I know who invests long term in their 401k's and and 403b's, also believe a shift has occured against small time investors.

The majority of people in this country believe we should invest believing in the long term health of this country.

However, without an uptick rule, faith in this market will erode.

We should also close all the exceptions even for ETFs.

I hope you do what is right for the long term investors and retail investors in this country.