Official Observer notice..60 meters

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K2TL
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Official Observer notice..60 meters

I received this notice today :

Hi Jim,
K2TL is being spotted running WSPR on 5.288697 Mhz. That frequency is not available to US hams – we are limited to the center of the 5 channels listed in part 97.303h.

I’m aware that it is the default 60M frequency for WSJT-X and it is listed on the WSPRNET.ORG site so it is very easy to land up there, especially when band hopping is enabled but please be careful not to transmit out of band.
Our compliance with FCC & NTIA requirements is essential for our continued access to the 60m channels and for possible future access to the new ITU worldwide 60 meter allocation at 5351.5 to 5366.5 kHz. (See http://www.arrl.org/news/view/arrl-asks-fcc-to-allocate-new-5-mhz-band-r...)
73
Richard Saunders
K6RBS
Official Observer Coordinator for the ARRL Orange Section

So just wondering why 5.2872 is listed on WSPRnet and WSJT-X if it is not legal?
Thanks
Jim K2TL