From:
Sent: Wednesday, January 21, 2004 4:01 PM
To: rule-comments@sec.gov
Cc: 
Subject: S7-27-03

        (Not Company Correspondence and please remove my email address from 
any posting, thanks) 
        I am a 30+ plus years 401(K) participant who never had more than 12 
percent in equities (the rest being mostly in a fixed income, stable price 
GIC type fund, and a small amount in a government security fund). 
        Nevertheless, I oppose the 4 P.M. cutoff rule, made in reaction to 
the abuses of some, supposedly to benefit the small players like me, which 
would leave us vulnerable to afternoon market movements. 
        As an alternative, why not amend the proposal to require 401(K) 
administrators to electronically dispatch a preliminary transmission by 4 P.M. 
to the mutual funds based on the previous day's closing prices.  This would 
result in a much later internal cutoff than Noon or 1 P.M.  The final or real 
submission would then be due say by 7:30 P.M.  Furthermore periodic audits 
should be performed investigating any significant differences between the two 
transmissions inconsistent between the change in the prices of the two days.  
Such audits should include the examination of the internal time stamps of 
individual transaction instructions to the 401(K) administrator. 
        Yours truly, 

Sidney Strauss 
24 Bennett Avenue, Apt. 65A 
New York, NY 10033