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KENNECOTT ENERGY AND COAL COMPANY <br />CERTIFICATE OF AMENDMENT OF THE CERTIFICATE OF INCORPORATION <br />Kennecott Energy and Coal Company, a corporation organized and existing <br />under and by virtue of the DE LAWARE GENERAL CoRPoRA'noN LAW does hereby certify that:: <br />FIRST: Pursuant to Section 141(f) of the DE LAWARE GENERAL <br />CORPoRATi0N LAw, the Board of Directors has adopted resolutions setting forth a <br />proposed amendment of the Corporation's Certificate of Incorporation and has declared <br />said amendment to be advisable. The resolution setting forth the proposed amendment <br />Is as follows: <br />IT IS RESOLVED that this Board of Dlrectors.has <br />determined it advisable to amend the Corporation's <br />Certificate of Incorporation for the sole purpose of <br />changing the name of the Corporation; and it is further <br />RESOLVED that subject to approval of the <br />Corporation'e Sole shareholder, the Flrsl Article of the <br />Corporation's Certificate of Inoorporation shall be amended <br />In its entirety to read as follows: <br />"FIRST The name of the Corporation is <br />Rio Tinto Energy America 1w." <br />SECOND: Pursuant to the recommendation of the Board of Directors, <br />the Sole Shareholder of the Corporation, upon written consent as authorized by Section <br />228 of the DELAWARE GENERAL CO RPORA710N LAW, duly authorized the amendment, <br />THIRD: Sold amendment was duly adopted In accordance with the <br />provisions of Section 242 of the DELAWARE GENERAL. CoRPoRA7toN LAW. <br />IN WITNESS WHEREOF, Kennecott Energy and Coal Company has <br />caused this Certificate to be signed by an authorized officer of the Corporation this 8 <br />day of May 2006. <br />State of Delaware <br />so t asy of 66aba <br />D.tvlalon of Cor�osattons <br />Dolivvx*d 01,49 FM 0510812006 <br />PAED 01:43 PM 05/0812006 <br />9RV 060490062 - 2327519 FlL.. <br />KENNECOTT ENERGY AND COAL COMPANY <br />By: �... .. . <br />SHANNON S. CROMPTON <br />Its: Secretary <br />CROMPT05"55 <br />Exhibit 2 -3 9 <br />Revision Date: 3/24/09 <br />Revision No.: MR -98 <br />