Subject: File No. S7-08-09
From: BRYAN J ZBAR

May 4, 2009

AS UNDERSTAND IT, THE ORIGINAL UPTICK RULE WAS BASED ON I/8 OR 1/4 OF ONE U.S. DOLLAR. THIS WOULD EQUATE TO 12.5 CENTS OR .25 CENTS PER ONE DOLLAR BILL. IN 1933, THIS WAS A SIGNIFICANT AMOUNT OF MONEY. ANY RE-ESTABLISHMENT OF THE UPTICK RULE, SHOULD REFLECT THESE RATIOS OTHERWISE IT IS MEANINGLESS. WHEN THE STOCK EXCHANGE CHANGED FROM FRACTIONAL TO DECIMAL, IT UNDERMINED THE UPTICK RULE. THIS SHOULD BE TAKEN UNDER CONSIDERATION.