Date: 201306
Location: CVG.Airport, KY
Aircraft: Regional Jet 700 ER/LR (CRJ700)
Operator: Air Carrier
Operating under: Part 121
Flight phase: Parked
Aircraft component: Emergency Equipment
Component problem: Improperly Operated
Reporter organization: Air Carrier
Reporter function: Captain; Pilot Flying
Reporter qualification: Flight Crew Air Transport Pilot (ATP)
Human factors: Confusion; Communication Breakdown; Human-Machine Interface; Situational Awareness
Anomaly: Aircraft Equipment Problem Critical; Deviation / Discrepancy - Procedural MEL / CDL; Deviation / Discrepancy - Procedural Maintenance; Deviation / Discrepancy - Procedural Published Material / Policy
Detector: Person Flight Crew
When detected: Other Post flight
Result: General Maintenance Action
Contributing factors: Aircraft; Human Factors; Procedure
Primary problem: Human Factors

Narrative: I received a call from a Captain that had taken over an aircraft from me at the CVG airport. I had flown the aircraft for the past two days on six different flight legs. The pilot accepting my aircraft; upon further review of the AML and associated MEL's; realized that one of the MEL's (25-23-01A) had not been carried out or complied with properly. The MEL is provided to defer an overhead baggage bin that has a damaged or has a non-working latch. The MEL requires Maintenance to secure the door closed with multiple passes of high strength tape then to placard per placarding procedures. When I and my crew originally accepted the aircraft; I reviewed the log can and MEL and went back to the cabin to ensure the bin had been secured properly. The bin was located over the emergency exit at Row 11 and Row 10 on the left side of the aircraft. My flight attendants informed me they also checked to make sure the bin was secure. They were made aware of the MEL by me. What we did not realize was that there were two pieces of required emergency equipment; a PBE hood and a Halon 1211 extinguisher contained within the deferred storage bin; which had been taped shut. It is my belief that these two items were and still are required and non-deferrable equipment. I did not think to check whether these two items had been removed or relocated; partially because I am most used to the configuration on the Company aircraft where this bin does not contain any equipment. I also assumed since the bin had already been secured with high strength tape that the MEL had been properly complied with. I double checked the 'Flight Crew Procedure' section of the MEL and thought that I had complied with the MEL properly.The pilot accepting the aircraft from me caught the note at the end of the 'Maintenance Procedure' section of the MEL and determined the procedure had not been carried out properly. He called Maintenance to the aircraft and insisted the aircraft be fixed and the MEL cleared before dispatch and operation of the next flight leg. He then contacted me to discuss the discrepancies and further actions.This event occurred because Maintenance deferred an overhead bin without fully complying with the 'Maintenance Procedure' (specifically the note at the end of the maintenance procedure that reads: Note: If there is no relief for particular emergency equipment; dispatch is not permitted.) I then; by assuming Maintenance had done their job correctly; allowed an aircraft to be dispatched and fly with less than the required emergency equipment accessible in the event of an emergency. My flight attendants also assumed that since the bin had been sealed in accordance with the MEL; that Maintenance had performed their job properly; and did not bring the absence of the emergency equipment to my attention. Although we checked the log can and MEL's at the beginning of each flight day; we did not realize that the aircraft should not have been dispatched or operated in its current condition.The overhead bin latch was repaired and the MEL cleared before the aircraft was able to be dispatched and operated for the next flight leg.The note at the end of the 'Maintenance Procedure' (Note: If there is no relief for a particular emergency equipment; dispatch is not permitted); should be repeated at the end of all three sections of the MEL; 'Remarks and Exceptions'; 'Maintenance Procedures'; and 'Flight Crew Procedures' as a double-check to ensure Maintenance has done it's job correctly in regards to non-deferrable emergency equipment. Also; obviously; bin doors should not be permanently taped shut while emergency equipment is plainly and predominantly located inside.




Synopsis: A CRJ-700 Captain was advised by a Captain who had picked up his airplane a few days previously that maintenance action for an MEL item for an overhead passenger bin had failed to note that required emergency equipment was located in the bin when it was taped closed with 'multiple passes of high strength tape' and was; therefore; not accessible as required.