Subject: File No. S7-08-09
From: Herbert Pregozen
Affiliation: Investor

May 5, 2009

I am quite disturbed that the uptick rule has not yet been reinstated in its original form. If you are concerned about investor confidence, you will realize that the small investor no longer has a place in a market that is controlled by large scale short selling with no controls. I am in favor of the Proposed Uptick Rule and the banning of naked short selling.