Philadelphia ( CNN ) -- The pilot of a tugboat towing a barge that crashed into a sightseeing `` duck boat '' -- killing two tourists -- intends to plead guilty to a charge stemming from the July 2010 accident , federal prosecutors said Thursday . Matthew R. Devlin , 35 , of Catskill , New York , has agreed to plead guilty to one count of misconduct of a ship operator causing death , according to a statement from the office of the U.S. attorney for eastern Pennsylvania . He also will surrender his ship¹s mate license , the statement said . Devlin could be sentenced to up to 46 months in prison , the statement said . No sentencing date was given . The plea agreement closes the case , the statement said . Two tourists from Hungary -- one 16 years old , the other 20 -- died when a 250-foot sludge barge towed by the tugboat overran a disabled 33-foot `` Ride the Ducks '' tour boat on the Delaware River , plunging the amphibious vessel and its 35 passengers and two crew members underwater . According to National Transportation Safety Board findings , tugboat pilot Devlin made and received 21 cell phone calls in addition to surfing the web using a company laptop during his more than two hours at the wheel . The NTSB released its final report on June 21 . The incident was `` another tragic example of the deadliness of distraction , '' Deborah Hersman , chairwoman of the NTSB , said after the final report showed several people involved were on the cell phones or computers . After the accident , Devlin initially told his superiors and the Coast Guard that he was dealing with a serious family medical emergency involving his 6-year-old son . The sightseeing duck boat was anchored in the shipping channel after being shut down because the boat 's operator saw smoke and feared an on-board fire . Lawyers who represented the families of the two victims released a statement Thursday saying the families `` are gratified that Federal prosecutors have acted to hold one of the responsible parties accountable in this tragedy that should have been avoided . '' The statement from attorneys Robert J. Mongeluzzi , Andrew Duffy , Peter Ronai and Holly Ostrov Ronai added that the families `` expect the corporations who were involved to acknowledge their roles and act accordingly . '' The statement did not elaborate .
Two fishermen from Hungary died in the January 2010 accident . The pilot of a tugboat involved has agreed to pleading guilty to a charge , police say . A barge being towed by the tugboat hit a sightseeing ` ` duck boat '' The NTSB cited the pilot 's use of his cell phone and computer as ` ` the deadliness of distraction ''