"By contrast, a person that creates units of convertible virtual currency and sells those units to another person for real currency or its equivalent is engaged in transmission to another location and is a money transmitter."
If you mine bitcoins and then convert them to real money (i.e. not buy goods or services with them) then you will be regulated.
If you only buy or mine bitcoins - you are safe. Once you'll try to exchange them for real money - you must be regulated.