SecProbe.io

Mail Stop 3561
        May 21, 2009  Via Fax & U.S. Mail

 Mr. Christopher L. Nagel Chief Financial Officer Two North Riverside Plaza, Suite 1250 Chicago, Illinois 60606

Re: FreightCar America, Inc.
 Form 10-K for the year ended December 31, 2008
Filed March 13, 2009
 File No. 000-51237

Dear Mr. Nagel:

We have reviewed your filing and have the following comments.  Unless
otherwise indicated, we think you should revi se your document in future filings in
response to these comments.  If you disagree, we will consider your explanation as to why our comment is inapplicable or a revisi on is unnecessary.  Please be as detailed as
necessary in your explanation.  In some of our comments, we may ask you to provide us
with information so we may better understand your disclosure.  Af ter reviewing this
information, we may raise additional comments.
  Please understand that the purpose of our re view process is to assist you in your
compliance with the applicable disclosure requirements and to enhance the overall disclosure in your filing.  We look forward to  working with you in these respects.  We
welcome any questions you may have about our comments or any other aspect of our review.  Feel free to call us at the telephone numbers listed at the end of this letter.

Please respond to confirm that such comments will be complied with, or, if
certain of the comments are deemed inappropr iate, advise the staff of your reason.  Your
response should be submitted in electronic form, under the label “corresp” with a copy to the staff.  Please respond w ithin ten (10) business days.
  Form 10-K for the year ended December 31, 2008

Consolidated Statements of Income, page 42

1. We note from your disclosure in Note 1 that the description of your business

Mr. Christopher L. Nagel
FreightCar America, Inc.
May 21, 2009 Page 2

includes manufacture, rebuild, repair, sell and lease freight cars.  In future filings,
to the extent any of the revenues from serv ices (i.e. rebuilding and repair) or from
leasing freight cars exceeds 10% of total revenues, the amount of such revenues,
and related cost of services, should be separately presented on the face of the
statements of income.  See Rule 5-03.1 of Regulation S-X.  Also, your revenue
recognition policy as disclosed in Note 2 should be expanded to disclose how you
account for service related revenue.

Note 5. Leased Railcars, page 50

2. We note your disclosure that you began o ffering railcar leasi ng to your customers
and you are packaging the transactions a nd offering them for sale to leasing
companies and financial institutions.  Please tell us and revise your disclosure in
future filings to explain in greater detail the nature, terms and significant provisions of such leasing transactions and how such transactions have or will be accounted for within your financial statements.  As part of your response and revised disclosures, please describe th e criteria/factors that the management
evaluates in determining whether it is probable that a leased railcar will be sold within one year, including when and how often such evaluations are made (e.g. at
the outset, monthly, quarterl y, etc).  Provide us with any accounting guidance you
relied upon in determining the appropriate accounting treatment.  Also, in future
filings, please disclose the us eful life of the leased rail cars that are depreciated.
  Note 13. Stock Based Compensation, page 60

3. We note your disclosure that in valui ng the stock options granted in 2008, the
expected life assumption was determined using the simplified method.  Please explain to us, and disclose in future f ilings, why you believe it is appropriate to
use the simplified method in determin ing the expected life assumption.

Form 10-Q for the quarter ended March 31, 2009

Note 4. Plant Closure

4. We note that in the three months ended March 31, 2009 you recognized $176,000
income for employee termination bene fits and $203,000 income for insurance
recoveries and other related costs.  Please provide us details of the nature of these
amounts and tell us why you believe it is appropriate to record these amounts as
operating income.

Mr. Christopher L. Nagel
FreightCar America, Inc. May 21, 2009 Page 3

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  We urge all persons who are responsi ble for the accuracy an d adequacy of the
disclosure in the filing to be certain that the filing includes all in formation required under
the Securities Exchange Act of 1934 and th at they have provided all information
investors require for an informed invest ment decision.  Since the company and its
management are in possession of all facts re lating to a company’s disclosure, they are
responsible for the accuracy and adequacy of the disclosures they have made.
  In connection with responding to our comments, please provide, in writing, a statement from the company acknowledging that:  ‚ the company is responsible for the adequacy  and accuracy of the disclosure in the
filing;
‚ staff comments or changes to disclosure  in response to staff comments do not
foreclose the Commission from taking any action with respect to the filing; and
‚ the company may not assert staff comments as a defense in any proceeding initiated
by the Commission or any person under the federal securities laws of the United States.

In addition, please be advise d that the Division of Enfo rcement has access to all
information you provide to the staff of the Divi sion of Corporation Fi nance in our review
of your filing or in response to our comments on your filing.   You may contact Claire Er langer at (202) 551-3301 or Jean Yu at (202) 551-3305
if you have questions regarding comments on the financial statements and related
matters.  Please contact me at ( 202) 551-3813 with any other questions.

Sincerely,

Linda Cvrkel Branch Chief

VIA FACSIMILE
(312) 928-0890