I'm pretty sure anything is legal on all of the 11m band theses days. If the FCC cared we wouldn't have the super bowl. 38 lsb is just as bad. It would be great if people were courteous but we live in a world where it seems the majority have a me first view.I just don't think you need to go above 27.405. I understand there's an international crowd that hangs around 27.555 and other points above the legal 40. But honestly folks, CB/GRS just does not have the volume it did in the 70s and 80s. With a little effort you can usually QSY off of LSB 38 doing fellow operators the courtesy of not crowding up the frequency while also allowing you to continue your contact. Heck, there are folks out there still operating on their old 23 channel rigs!
Just my thoughts.