56534 Federal Register / Vol. 73, No. 189 / Monday, September 29, 2008 / Proposed Rules 

issuance by the Deputy Administrator of 

a final order. Thereafter, if DEA were to 

finalize the proposed rule, any person 

aggrieved by the final rule would be 

permitted to seek review in the United 

States Court of Appeals. It can never be 

automatically assumed that the Court of 

Appeals will uphold a challenge to an 

agency rule. Thus, it is conceivable that 

going forward toward finalizing the 

proposed rule at this time could result 

in years of litigation followed by no 

final rule that actually takes effect. 

Given these considerations, DEA 

believes that the most sound approach 

from this point forward is to withdraw 

the proposed rule and proceed instead 

with a continuation of the formal 

rescheduling procedures set forth in 21 

U.S.C. 811 that are already underway for 

each of the proposed generic versions of 

Marinol affected by the proposed rule 

(those for which the sponsor has 

submitted to FDA an abbreviated new 

drug application referencing Marinol 

but which fall outside the current 

wording of 21 CFR 1308.13(g)(1)). For 

each such product, where the proposed 

marketer has petitioned DEA to initiate 

rulemaking proceedings to transfer the 

product into schedule III, DEA has 

already—prior to the publication of the 

NPRM—forwarded the petition to FDA 

for a scheduling evaluation in 

accordance with the procedures set 

forth in 21 U.S.C. 811(b). 

Thus, the net result of the withdrawal 

of this proposed rule is that FDA and 

DEA will continue with the ongoing 

scheduling evaluations and any 

resultant rescheduling proceedings for 

each of the individual proposed generic 

versions of Marinol, rather than 

attempting to reschedule all of them 

simultaneously through the issuance of 

this proposed rule. DEA believes the 

former approach, as compared to the 

latter, is most likely to result in such 

rescheduling becoming effective in the 

shortest period of time. 

Dated: September 18, 2008. 

Michele M. Leonhart, 

Deputy Administrator. 

[FR Doc. E8–22839 Filed 9–26–08; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[REG–121698–08] 

RIN 1545–B100 

Amendments to Section 7216 

Regulations—Disclosure or Use of 

Information by Preparers of Returns; 

Hearing Cancellation 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Cancellation of notice of public 

hearing on proposed rulemaking. 

SUMMARY: This document cancels a 

public hearing on proposed regulations 

that provide rules relating to the 

disclosure and use of tax return 

information by tax return preparers. 

DATES: The public hearing, originally 

scheduled for October 6, 2008 at 10 a.m. 

is cancelled. 

FOR FURTHER INFORMATION CONTACT: 

Funmi Taylor of the Publications and 

Regulations Branch, Legal Processing 

Division, Associate Chief Counsel 

(Procedure and Administration) at (202) 

622–3628 (not a toll-free number). 

SUPPLEMENTARY INFORMATION: A notice 

of proposed rulemaking by crossreference to temporary regulations and a 

notice of public hearing that appeared 

in the Federal Register on Wednesday, 

July 2, 2008 (73 FR 37910) announced 

that a public hearing was scheduled for 

October 6, 2008, at 10 a.m. in the NYU 

Room (room 2615), Internal Revenue 

Building, 1111 Constitution Avenue, 

NW., Washington, DC. The subject of 

the public hearing is under the section 

7216 of the Internal Revenue Code. 

Outlines of topics to be discussed at 

the hearing were due on September 15, 

2008. The notice of proposed 

rulemaking and notice of public hearing 

instructed those interested in testifying 

at the public hearing to submit a request 

to speak and an outline of the topics to 

be addressed. As of Monday, September 

22, 2008, no one has requested to speak. 

Therefore, the public hearing scheduled 

for October 6, 2008 is cancelled. 

LaNita Van Dyke, 

Chief, Publications and Regulations Branch, 

Legal Processing Division, Associate Chief 

Counsel (Procedure and Administration). 

[FR Doc. E8–22824 Filed 9–26–08; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[REG–143716–04] 

RIN 1545–BD67 

Declaratory Judgments—Gift Tax 

Determinations; Hearing Cancellation 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Cancellation of notice of public 

hearing on proposed rulemaking. 

SUMMARY: This document cancels a 

public hearing on proposed regulations 

under section 7477 of the Internal 

Revenue Code (Code) regarding 

petitions filed with the United States 

Tax Court for declaratory judgments as 

to the valuation of gifts. 

DATES: The public hearing, originally 

scheduled for October 16, 2008 at 10 

a.m. is cancelled. 

FOR FURTHER INFORMATION CONTACT: 

Funmi Taylor of the Publications and 

Regulations Branch, Legal Processing 

Division, Associate Chief Counsel 

(Procedure and Administration) at (202) 

622–3628 (not a toll-free number). 

SUPPLEMENTARY INFORMATION: A notice 

of proposed rulemaking and a notice of 

public hearing that appeared in the 

Federal Register on Monday, June 9, 

2008 (73 FR 32503) announced that a 

public hearing was scheduled for 

October 16, 2008, at 10 a.m. in the IRS 

Auditorium, Internal Revenue Building, 

1111 Constitution Avenue, NW., 

Washington, DC. The subject of the 

public hearing is under section 7447 of 

the Internal Revenue Code. 

The public comment period for these 

regulations expired on September 8, 

2008. Outlines of topics to be discussed 

at the hearing were due on September 

16, 2008. The notice of proposed 

rulemaking and notice of public hearing 

instructed those interested in testifying 

at the public hearing to submit a request 

to speak and an outline of the topics to 

be addressed. As of Monday, September 

22, 2008, no one has requested to speak. 

Therefore, the public hearing scheduled 

for October 16, 2008, is cancelled. 

LaNita Van Dyke, 

Chief, Publications and Regulations Branch, 

Legal Processing Division, Associate Chief 

Counsel (Procedure and Administration). 

[FR Doc. E8–22825 Filed 9–26–08; 8:45 am] 

BILLING CODE 4830–01–P 


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