From Jayski.com:

RYR asked NASCAR to transfer the #38 to Hendrick for Dale Jr.: SPEED's Bob Dilner reported on Sunday's SPEED report that Robert Yates Racing has asked NASCAR if they could transfer the #38 to Hendrick Motorsports in 2008 for Dale Eanrhardt Jr. to use, the #3 in honor of his father, the late Dale Earnhardt, who ran the #3 [a few races in 1981 and then from 1984 until the 2001 Daytona 500 and won 6 of his 7 championships using #3] and the #8 of course is Dale Jr.'s car #8 since he came into the sport. No word what number David Gilliland would switch to, but RYR still has the license on the #28, last used in 2002 with Ricky Rudd and has used the #90 in the past. AND: Sources close to the situation told ESPN.com on Monday that Robert Yates Racing and Hendrick Motorsports are discussing a transfer of that number for 2008. The #38 currently is being used by David Gilliland. No formal request has been made to the NASCAR, which has to ultimately approve the transfer. Officials at Hendrick Motor Sports, Robert Yates Racing and JR Motorsports could not be reached for comment. Should RYR give up #38, it still has the rights to the #28 that was last used in 2002 with Ricky Rudd.(ESPN.com)(8-27-2007)