Narrative:

The aircraft came in with a few deferrals; one of which was an overhead bin at row 10A&B/11A&B. This bin had two pieces of required emergency equipment secured in it; a halon fire extinguisher and a pbe; and the bin was taped shut. I believe the aircraft had flown for two days in this configuration. During their cabin pre-flight inspection; my flight attendants brought to my attention that the deferred bin was taped shut; and was supposed to have a fire extinguisher and its associated protective breathing equipment (pbe) in it. I checked the logbook; and the release; and there was nothing in either document indicating that the fire extinguisher and pbe had been relocated. I then called maintenance control; and spoke to a lead maintenance controller. I explained that I had a deferred overhead bin; and that it was supposed to contain required emergency equipment; when the lead maintenance controller asked me if I had; 'looked around the airplane to see if it had been relocated.' I said no; and told him to hang on a minute while we looked for the equipment. After verifying that the fire extinguisher and its associated pbe had not been relocated; we un-taped the deferred bin; and found both items still installed in their fittings. As the lead maintenance controller and I discussed the situation; he initially insisted the MEL permitted the aircraft to be dispatched in that configuration; and I was to just consider the emergency equipment inoperative. I told him that was fine; as soon as he deferred the emergency equipment. He informed me that the MEL didn't say he had to. My response was again; 'if it's considered inoperative; then you're going to defer it.' he then said he didn't know if it was deferrable; and he would call me back. At this point I called my dispatcher and after I explained the situation to him; I told him I wasn't flying the aircraft with revenue on board until the emergency equipment was deferred. Then I said that I couldn't find any relief in the MEL for the fire extinguisher and pbe. The dispatcher told me he agreed with my assessment of the situation and that he would call me back after he involved his management in the discussion. A few minutes later a contract maintenance technician showed up at the aircraft; reviewed the original logbook write-up from two days prior when the overhead bin was originally deferred; and ten minutes later had the bin repaired. The write-up was cleared; the deferral closed; the release amended reflecting all of this; and we departed. There are three primary issues and a couple of subsets to the last issue. The first primary issue is the company's focus on moving airplanes. We all absolutely understand the importance of operational reliability and performance. But immediately deferring an item without really taking the time to consider the ramifications of that action; in the zeal to get the aircraft back into service can adversely impact our primary mission; the safe transport of our customers. The second issue is a human factors issue. The initial mechanic should have recognized that there was required emergency equipment in the bin he/she was deferring; and should have brought that to maintenance control's attention. That should have stopped the situation from proceeding any further. If that didn't; then the flight attendants on the affected flight should have immediately brought to their captain's attention that there was required emergency equipment as defined in [communication]; inside a bin that was being taped closed. The same goes for the next crew who flew the aircraft. Finally; there is a huge shortfall in the manual system here. It starts with our company's operations manual [communication]; and proceeds through the MEL and SOP. The [communication] needs work. The document is more than 1;570 pages in length; it's filled with duplicate and sometimes contradictory information. One of the problems this particular situation clearly points to is the lack of easily identified diagrams for the location of aircraft emergency equipment. The [communication] states that the aircraft emergency equipment is discussed in [communication]. That's fine; but that is in the flight attendants' [communication]; it's not in the pilot [communication]. While the different pieces of emergency equipment are discussed in the flight attendant [communication]; the location diagrams of the aircraft emergency equipment are not; for instance. The next manual issue is the MEL. There are procedures which are inaccurate and/or unworkable; and some deferrals which lack required procedures and data. There are also a large number of performance related deferrals where the flight crew is instructed to 'apply the performance corrections for xyz from the dispatch release.' this has no meaning to me; I'm not applying any performance corrections to anything. Dispatch is supposed to do that in the generation of the tlr and performance data I receive via ACARS. Circling back to the beginning of this report; and addressing the particular MEL item which drove this report; the maintenance procedure semi-addresses the emergency equipment issue; but does not clearly define which bins and or storage compartments contain required emergency equipment; and may not be deferred. Further; while we as pilots do not need to know everything maintenance does to defer a system; if there is a reference to no dispatch relief being available; that should absolutely be reflected in the flight crew procedure. Finally; anytime the MEL states to consider something inoperative; there needs to be a note in the associated maintenance procedure to defer it (if dispatch relief is available; and if not then dispatch is not permitted).as a result of nearly becoming another 'link in the chain;' in the future I will do two things differently: 1) in my crew brief; I will include requesting that flight attendants notify me if any piece of required emergency equipment is missing; inoperative; or otherwise inaccessible. 2) if I have any overhead bins or storage compartments deferred in the cabin; I will personally verify there is no required emergency equipment located therein. Finally; the company should revise the [communication] and MEL to present the information in an accurate; clear; and concise format to those tasked with using the manuals.

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Original NASA ASRS Text

Title: A CRJ-700 Captain took his company's management to task for the non-user friendly nature of their Company Operations Manual(s). His indictment was precipitated by being advised by his flight attendants that a deferred overhead bin had been sealed with tape and the PBE and Fire Extinguisher stored therein were; thus; rendered inaccessible. The manuals were so poorly written that Maintenance was able to interpret them to state it was permissible to dispatch revenue flights with the emergency equipment neither accessible nor; itself; deferred. He refused the aircraft.

Narrative: The aircraft came in with a few deferrals; one of which was an overhead bin at row 10A&B/11A&B. This bin had two pieces of required emergency equipment secured in it; a Halon fire extinguisher and a PBE; and the bin was taped shut. I believe the aircraft had flown for two days in this configuration. During their cabin pre-flight inspection; my flight attendants brought to my attention that the deferred bin was taped shut; and was supposed to have a fire extinguisher and its associated Protective Breathing Equipment (PBE) in it. I checked the logbook; and the release; and there was nothing in either document indicating that the fire extinguisher and PBE had been relocated. I then called Maintenance Control; and spoke to a Lead Maintenance Controller. I explained that I had a deferred overhead bin; and that it was supposed to contain required emergency equipment; when the Lead Maintenance Controller asked me if I had; 'looked around the airplane to see if it had been relocated.' I said no; and told him to hang on a minute while we looked for the equipment. After verifying that the fire extinguisher and its associated PBE had not been relocated; we un-taped the deferred bin; and found both items still installed in their fittings. As the Lead Maintenance Controller and I discussed the situation; he initially insisted the MEL permitted the aircraft to be dispatched in that configuration; and I was to just consider the emergency equipment inoperative. I told him that was fine; as soon as he deferred the emergency equipment. He informed me that the MEL didn't say he had to. My response was again; 'If it's considered inoperative; then you're going to defer it.' He then said he didn't know if it was deferrable; and he would call me back. At this point I called my Dispatcher and after I explained the situation to him; I told him I wasn't flying the aircraft with revenue on board until the emergency equipment was deferred. Then I said that I couldn't find any relief in the MEL for the fire extinguisher and PBE. The Dispatcher told me he agreed with my assessment of the situation and that he would call me back after he involved his management in the discussion. A few minutes later a Contract Maintenance Technician showed up at the aircraft; reviewed the original logbook write-up from two days prior when the overhead bin was originally deferred; and ten minutes later had the bin repaired. The write-up was cleared; the deferral closed; the release amended reflecting all of this; and we departed. There are three primary issues and a couple of subsets to the last issue. The first primary issue is the company's focus on moving airplanes. We all absolutely understand the importance of operational reliability and performance. But immediately deferring an item without really taking the time to consider the ramifications of that action; in the zeal to get the aircraft back into service can adversely impact our primary mission; the safe transport of our customers. The second issue is a human factors issue. The initial Mechanic should have recognized that there was required emergency equipment in the bin he/she was deferring; and should have brought that to Maintenance Control's attention. That should have stopped the situation from proceeding any further. If that didn't; then the flight attendants on the affected flight should have immediately brought to their Captain's attention that there was required emergency equipment as defined in [COM]; inside a bin that was being taped closed. The same goes for the next crew who flew the aircraft. Finally; there is a huge shortfall in the manual system here. It starts with our Company's Operations Manual [COM]; and proceeds through the MEL and SOP. The [COM] needs work. The document is more than 1;570 pages in length; it's filled with duplicate and sometimes contradictory information. One of the problems this particular situation clearly points to is the lack of easily identified diagrams for the location of aircraft emergency equipment. The [COM] states that the Aircraft Emergency Equipment is discussed in [COM]. That's fine; but that is in the flight attendants' [COM]; it's not in the Pilot [COM]. While the different pieces of emergency equipment are discussed in the flight attendant [COM]; the location diagrams of the aircraft emergency equipment are not; for instance. The next manual issue is the MEL. There are procedures which are inaccurate and/or unworkable; and some deferrals which lack required procedures and data. There are also a large number of performance related deferrals where the flight crew is instructed to 'apply the performance corrections for XYZ from the dispatch release.' This has no meaning to me; I'm not applying any performance corrections to anything. Dispatch is supposed to do that in the generation of the TLR and performance data I receive via ACARS. Circling back to the beginning of this report; and addressing the particular MEL item which drove this report; the Maintenance procedure semi-addresses the emergency equipment issue; but does not clearly define which bins and or storage compartments contain required emergency equipment; and may not be deferred. Further; while we as pilots do not need to know everything Maintenance does to defer a system; if there is a reference to no Dispatch relief being available; that should absolutely be reflected in the flight crew procedure. Finally; anytime the MEL states to consider something inoperative; there needs to be a note in the associated Maintenance procedure to defer it (if Dispatch relief is available; and if not then Dispatch is not permitted).As a result of nearly becoming another 'link in the chain;' in the future I will do two things differently: 1) In my crew brief; I will include requesting that flight attendants notify me if any piece of required emergency equipment is missing; inoperative; or otherwise inaccessible. 2) If I have any overhead bins or storage compartments deferred in the cabin; I will personally verify there is no required emergency equipment located therein. Finally; the company should revise the [COM] and MEL to present the information in an accurate; clear; and concise format to those tasked with using the manuals.

Data retrieved from NASA's ASRS site as of July 2013 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.